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Home My WebLink About891061.tiff RESOLUTION RE: APPROVE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM APPLICATIONS AND AUTHORIZE CHAIRMAN TO SIGN WHEREAS , the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board held a public hearing at 9 : 30 a.m. on September 20, 1989, in the Chambers of the Board to consider submission of two Community Development Block Grant applications to the State of Colorado, Department of Local Affairs, and WHEREAS, the applications under consideration would request $50 ,000 for a loan to R & R Custom Woodworking, Inc. , and $200 , 000 for a loan to Denpak Building Products, Inc. , and WHEREAS, the Board heard the testimony of those present and, being fully informed, deemed it advisable to approve said applications, copies being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Community Development Block Grant applications be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said applications. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the following vote on the 4th day of October, A.D. , 1989. lI BOARD OF COUNTY COMMISSIONERS ATTEST: 7`e' WELD/COUNTY, COLORADO Weld County erk and Recorder / and Clerk to the Board ) BS . K rby,y, C irman i ( L.i n B Pro-Tem eputy Count@a) APPROVED AS TO FORM: Constance L. Har ert e - pr e K ne C unt eorg y Attorn y doYlf'Cor . ad /- -I891061 HEARING CERTIFICATION RE: COMMUNITY DEVELOPMENT HEARING A public hearing was conducted on September 20, 1989, at 9:30 A.M. , with the following present: Commissioner C.W. Kirby, Chairman Commissioner Jacqueline Johnson, Pro-Tem - Excused Commissioner Gene Brantner Commissioner George Kennedy Commissioner Gordon E. Lacy Also present: Acting Clerk to the Board, Mary Reiff Director of Finance and Administration, Donald D. Warden The following business was transacted: I hereby certify that pursuant to a notice duly published September 13, 1989, in The New News, a public hearing was conducted to consider the submittal of Community Development Block Grant (CDBG) applications to the State of Colorado, Office of Economic Development. Don Warden, Director of Finance and Administration, made this matter of record. He explained that the applications being considered request $50,000 for a loan to R & R Custom Woodworking, Inc. , and $200,000 for a loan to Denpak Building Products, Inc. Mr. Warden noted that no written comments concerning this matter have been received. Jim Kadlecek, of the Greeley/Weld Economic Development Partnership, stated that EDAP has assisted in finding financing for R & R Custom Woodworking, Inc. Richard Dekurek, one of the partners in R & R Custom Woodworking, Inc. , spoke about the history of this firm. He explained the firm's need to expand and said additional employment will result. No public comment was offered concerning this application. Commissioner Kennedy moved to approve the application of R & R Custom Woodworking, Inc. Seconded by Commissioner Brantner, the motion carried unanimously. Pat Herrera, grants compliance coordinator for the Adams County CDBG Program, presented the request for Denpak Building Products, Inc. He said growth in the number of employees is anticipated. Mr. Warden noted that Weld County's Human Resources program places southern Weld County residents in Adams County jobs, and Mr. Herrera said that Denpak, located in Adams County, is required to try to have 5% of its employees from Weld County. No public comment was offered concerning this application. Commissioner Lacy moved to approve the application of Denpak Building Products, Inc. The motion was seconded by Commissioner Brantner, and it carried unanimously. This Certification was approved on the 25th day of September, 1989. APPROVED: K • BOAR�� WELDD COUNTY, COLORADOSSIONERS OF COUNTY COMMI ATTEST: f !'-«hh Weld County Clerk and Recorder and Clerk to the Boa C.W. Kirby, Chai an By: EXCUSED eputy County Cle _ Jacq ineJJohnson, Pro-Tem 'Gene H. Brantner eon rge Kenne • TAPE #89-39 FI0009 Gor . acv' ` .i'� ATTENDANCE • RECORD TODAY' S HEARINGS ARE AS FOLLOWS: SEPTEMBER 20, 1989 COMMUNITY DEVELOPMENT (9:30 A.M.) DOCKET #89-40 AMENDED USR-EGG PRODUCTION FACILITY WITH A MAXIMUM CAPACITY OF 1,750,000 CHICKENS - MILTON G. WALDBAUM COMPANY OF COLORADO (10:00 A.M. ) PLEASE write or print legibly your name, address and the DOC # (as listed above) or the applicants name of the hearing you are attending. /AAfl.E iiit.A." ADDRESS HEARING ATTENDING �'lG� JHf 5 Jroi rm i7136 1 <r'G/< .rJ/ / rL ?/ Acre t• �/airWIIeiliiii ---X di/Hit Ft/ o-Inv vtkki kola?,f-P �- wer �f�?c;� ��T-n l 1�'`)YJm'cl��Tr-1 � r Atr[fr-"^ru✓J r.(1L1` COfKiN �R1gFlfO� C0 1 ,• nn . ' ah (uc—oi\ r )C �'V 4� W` nt10t5AAlVI\ PUBLIC NOTICE AND NOTICE OF PUBLIC HEARING The County of Weld plans to submit Community Development Block Grant (CDBG) applications to the State of Colorado, Office of Economic Development. CDBG funds are intended to provide decent housing, suitable living environments and economic opportunities, principally for low and moderate income persons through rehabilitation and preservation, economic/job development and public facilities improvements. It is estimated that $7,632,200 will be available statewide for the 1989 "Small Cities" CDBG program. Approximately one—third of the appropriation will be availablc for economic development projects. The application being considered would request $50,000 for a loan to R & R Custom Woodworking, Inc. , and $200,000 for a loan to Denpak Building Products, Inc. It is estimated that approximately 51% of the funds would benefit low and moderate income persons. Permanent involuntary displacement of neighborhood persons or businesses is not anticipated. Should it later become necessary to consider such displacement, alternatives will be examined to minimize the displacement. If no feasible alternatives exist, required/reasonable benefits will be provided to those displaced to mitigate adverse effects and hardships. Any low and moderate income housing which is demolished or converted will be replaced. A public hearing will be held at 9:30 a.m. on Wednesday, September 20, 1989, at the Commissioners Meeting Room, 915 10th Street, Greeley, Colorado, to obtain citizen views and to respond to proposals and questions related to: - the proposed CDBG applications for loan programs to R & R Custom Woodworking, Inc. and Denpak Building Products, Inc. - community development and housing needs, including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program. - the performance of Weld County in carrying out its community development responsibilities. Written comments are also welcome and must be received by September 19, 1989, at 915 10th Street, Greeley, Colorado, 80632. Oral and written comments will be considered in deciding whether to submit an application for the proposed project. Written summary information will be available at Room 319, 915 10th Street, Greeley, Colorado, on September 8, 1989, until September 20, 1989, on any CDBG applications as submitted to the state for public review at Room 319, 915 10th Street, Greeley, Colorado, after September 20, 1989. Information and records regarding the Weld County proposed and past use of CDBG funds is available at Room 319, 915 10th Street, Greeley, Colorado, during regular office hours. Advance notice is requested. Published: The New News, September 13, 1989 -., 1F. x S r- ,� 'V•:,. elittraik y li • F �� r�cpp ' ." a A: kt a _eiB*kit. ' ' wW hr -_ Rsisic s" ts c IYN, T` n f at 'aef ; W v at • z: : tali Ititric c7a.ep,,,,C)C , `R n C1die (c T o Bcal-ked DEPARTMENT OF FINANCE AND ADMINISTRATION PHONE(303)356-4000 EXT. 4218 P.O. BOX 758 GREELEY,COLORADO 80632 C. COLORADO September 8, 1989 Sharon Bowers Office of Economic Development State of Colorado 1625 Broadway, Suite 1710 Denver, CO 80202 Dear Sharon: Enclosed please find copies of the following documents: - Grant application for RSR Custom Woodworking, Inc. - Grant application for Denpak Building Products, Inc. - Applicant Statement of Assurances and Certificates - Citizen Participation Plan - Public Notice of Public Hearing - Weld County's Community Development Plan - Residential Antidisplacement and Relocation Assistance Plan The environmental impact studies will be forwarded to you in a few days. Please note that the documents are dated and signed effective September 20, 1989, in order to allow you to begin reviewing them before the hearing date. As discussed, Weld County is requesting $5,000 for each of the grants in order to cover the administrative costs associated with the grants over the five year period. This letter should serve as our formal request. If you need anything additional, please advise me. Your assistance and cooperation is greatly appreciated. If you have questions, please do not hesitate to contact me at 356-4000, extension 4218. Very truly yours, Donald D. Warden, Director Finance and Administration State of Colorado Office of Economic Development COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION APPLICATION #: (OED USE) AppLICANT: Weld County Colorado COUNTY: Weld ADDRESS: 1915 10th Street Greeley. Col tirade_R0637 CONTACT: Don Warden, Director _ PHONE: (.313) 356-4000 x 478 Finance & Administration PROJECT TITLE: Denpak Loan Project TYPE OF ASSISTANCE: Loan AMOUNT REQUESTED: $200,000 PROJECT DESCRIPTION: Please indicate what is to be done, how it is to be accomplished and cost verification for the project activity. Weld County is facilitating a Colorado Office of Economic Development Direct Loan to Denpak, a wood products firm in unincorporated Adams County, of $260,000 for retention and expansion. The Adams County Office of Community Outreach will administer and monitor program benefit to low and moderate income individuals. PROPOSED PROJECT ACTIVITIES AND BUDGET Project PROJECT STATE OTHER PROJECT FUNDING Activities Costs CDBG Amount Source Status Working Capital $200,000 $200,000 Fixed Assets Site Improvements Administration Other (equipment) $60,000 Co. Office Committed of E.D. Totals 1 BACKGROUND INFORMATION: a. Current Population: 123,438 f. Prop.Tax Rate/Assess. Val: Assessed Valuation: $1,065,708,930 levy County Mill Levy 19.268 b. # L✓M Persons: 38,750 g. Bonded In a to ess: _0_ c. % L/M Persons: 31% h. Sales Tax%/Revenue: None for county d. County Work Force: 67,200 I. Current Annual Budget: $50,556,248 e. Current Unemployment: 6.9% PROJECT REVIEW FACTORS PROJECT IMPACT 1. Please describe how the project will meet national objectives. (Low/Mod Income Benefit/Slum Blight/Urgent Need) The project will meet national objectives through the retention of employment of at least 51% of the 55 low to moderate income individuals currently employed at Denpak. 2. To what extent will the project's activities benefit low to moderate income persons? How will results and benefits be documented? The project will benefit through retention, between 26 and 50 low to moderate income employees. Any replacements due to attrition will also target low to moderate income individuals through the utilization of Job Service Centers. Denpak is establishing a data collection process which will identify current and future low to moderate income employees. The results and benefits will then be forwarded to the Contractor on a quarterly basis. 3. How will the project contribute to consistency of community efforts? The project, located in an unincorporated area of Adams County, is consistent with other economic development efforts by Adams County Economic Development, Inc. whose primary goal is the retention and expansion of local business in this targeted area. 2 4. Will any program income be received? (Program income means amounts generated from the use of CDBG funds, including both CDBG grant funds and previously received program income.) X Yes No If yes, how will the retained program income be used? _To continue the activity from which program income was derived. _To carry out an activity other than the one from which the program income was derived. Describe the activity to be carried out. 5. Describe additional public benefits, if any. This activity will increase tax base of Adams County and avert an increase in unemployment. PUBLIC/PRIVATE LEVERAGING 1. Describe local public and private financial commitments that have been secured. Denpak has secured a committment of participation of $663,780 from the Colorado Housing Finance Authority and is awaiting a forthcoming approval of $615,000 from the Small Business Administration. 2. What efforts have been made to obtain private financing or involve the business community? Denpak has approached Central Bank of Denver to facilitate the expansion and retention effort. Because of recent history in real estate transactions in the Denver area, Central Bank declined. However, participation by the state, CHFA and SBA make this a viable project. 3. What local incentives have been offered? No monetary incentives have been offered, however, technical assistance is being utilized through Adams County Economic Development, Inc. and the Adams County Office of Community Outreach. 4. Specify the type of collateral, guarantees or other security offered. The Contractor will hold a second position of the accounts receivable and equipment at the time of loan closing. 3 5. Describe past and ct..ent economic development projects that ;e been undertaken, within the last five years, (not including project at hand), by the applicant. Weld County has undertaken several economic development projects in conjunction with the Economic Development Action Partnership (EDAP) . The projects include: (1) a computerized data center linked to the Governor's Office of Economic Development, (2) an existing industry program servicing the needs of Weld County companies, (3) an aggressive Prospecting Program that markets Weld County area to business and industry all over the USA, (4) extension and administration of an enterprise zone in Weld County, and (5) development of an 80 acre industrial park for prospective business development in Weld County via a $640,000 EDA grant in 1987-1988. • MANAGEMENT CAPACITY 1. Please describe your proposed administrative structure. Specify who is responsible for completing defined tasks and the respective qualifications. Include those responsibilities that would be assigned to consultants or contractors and how these people would be selected. Project will be administered through the Weld County Department of Finance and Administration. Project Manager will be Don Warden, Director of Finance and Administration, who is directly accountable to the Board of County Commissioners. Weld County Finance and Administration has success- fully administered numerous state and Federal grants in the past, including CDBG. 2. Define the means for cost determinations and identify budget allocations. The amount of the Direct Loan was determined through the assistance of the State Office of Economic Development and Adams County Economic Development, Inc. The total budget is for the retention of 51% of some 55 low to moderate income Denpak employees. 3. Provide a timetable for project accomplishments and completion of regulatory requirements. The project loan is for a four year term and amortization. Principal and interest shall be due and payable monthly to contractor. Denpak will, on an ongoing basis, retain between 26 and 50 low to moderate income employees. 4 4. Would activities proposed to be funded by CDBG funds involve construction or installation of equipment? If so, what actions will be taken to ensure compliance with federal labor standards? If project involves construction, attach a map which illustrates the site. Were efforts made to privately finance construction? No activity will be funded involving construction or installation of equipment. 5. Does the project have potential environmental impacts? NO Is an Air Quality Permit required? Is an historic building involved? Is the project in a floodplain? Is a water discharge permit needed? Are hazardous substances used? 6. Describe how the project would address job creation, list types of jobs and training needs. Projections by Denpak estimate a 45% increase in the labor force by 1991, from a current number of 92 employees to a total of 134. The types of jobs created will range from unskilled, to semi-skilled and skilled, with training being provided by foremans and supervisors of the departments for the particular position. If any future jobs are to require specialized training, all local resources will be researched to insure relevant instruction. The application and the obligations hereunder shall be governed, construed and enforced in accordance with the laws of the State of Colorado. To the best of my knowledge and belief, statements in this application are true and correct and its submission with attached Statement of Assurances and Certifications has been duly authorized by the governing body of all participating jurisdictions. Chairman, Board of y i:xv—z/ County Commissioners /20/bt Signature, Chief Elected Official Tide Date 5 State of Colorado Office of Economic Development Community Development Block Grant Program APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS The applicant hereby assures and certifies that: (a) It: (1) Possesses legal authority to apply for the grant and to execute the proposed project, and its governing body has duly adopted or passed as an official act a resolution, motion or similar action author- izing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the applicant's chief executive officer and/or other designated official representatives to act in connection with the application and to provide such additional information as may be required; and (2) Has developed its application, including its projected use of funds, so as to give maximum feasible priority to activities which will benefit low and moderate income persons or aid in the prevention or elimination of slums or blight. (The requirement for this certification will not preclude the State from approving an application where the applicant certifies and the State determines, that all or part of the proposed project activities are designed to meet other community development needs that have arisen during the preceding twelve-month period and have particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available to meet such needs.) (b) It is following a detailed citizen participation plan which: (1) Provides for and encourages citizen participation with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which Community Development Block Grant (CDBG) funds are proposed to be used; (2) Provides citizens with reasonable and timely access to local meetings, information, and records relating to its proposed and actual use of CDBG funds; (3) Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the applicant; (4) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; (5) Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; and 1 (6) Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. (c) It has provided for and encouraged citizen participation,with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which CDBG funds are proposed to be used, by: (1) Furnishing citizens information concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income and its plans for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (2) Publishing a proposed project plan/application in such a manner to afford citizens an opportunity to examine its content and to submit comments on the proposed project plan/application and on the community development performance of the jurisdiction(s); (3) Holding one or more public hearings, as indicated below, to obtain citizen views and to respond to proposals and questions related to community development and housing needs, proposed activities and past CDBG performance. All hearings were held no sooner than five days after notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped and for the needs of non-English speaking residents where a significant number of such residents could have been reasonably expected to participate. Applicant/Participant* Date Time Location Weld County 9/20/89 9:30 a.m. 915 10th St. , Greeley, CO 80631 *In the case of a "multi-jurisdictional"application, each participating municipality and county must hold at least one public hearing. 2 (4) As applicable, providing citizens with reasonable and timely access to local meetings, information and records regarding its proposed and past use of CDBG funds; (5) In preparing its project plan/application, considering any such comments and views and, if deemed appropriate, modifying the proposed project plan/application; (6) Making the final project plan/application available to the public; (7) Identifying its community development and housing needs, including the needs of low and moderate income persons, and the activities to be undertaken to meet such needs. (d) In the event it is awarded CDBG funds by the State, it will: (1) Follow a residential antidisplacement and relocation assistance plan which shall: (A) In the event of such displacement, provide that: (i) Governmental agencies or private developers shall provide within the same community comparable replacement dwellings for the same number of occupants as could have been housed in the occupied and vacant occupiable low and moderate income dwelling units demolished or converted to a use other than for housing for low and moderate income persons, and provide that such replacement housing may include existing housing assisted with projected based assistance provided under section 8 of the United States Housing Act of 1937; (ii) Such comparable replacement dwellings shall be designed to remain affordable to persons of low and moderate income for 10 years from the time of initial occupancy; (iii) Relocation benefits shall be provided for all low or moderate income persons who occupied housing demolished or converted to a use other than for low or moderate income housing, including reimbursement for actual and reasonable moving expenses, security deposits, credit checks, and other moving-related expenses, including any interim living costs; and, in the case of displaced persons of low and moderate income, provide either: (I) compensation sufficient to ensure that, for a 5-year period, the displaced families shall not bear, after relocation, a ratio of shelter costs to income that exceeds 30 percent; or (II) if elected by a family, a lump-sum payment equal to the capitalized value of the benefits available under subclause (I) to permit the household to secure participation in a housing cooperative or mutual housing association: (iv) Persons displaced shall be relocated into comparable replacement housing that is: (I) decent, safe, and sanitary; (II) adequate in size to accommodate the occupants; (III) functionally equivalent; and (IV) in an area not subject to unreasonably adverse environmental conditions; 3 (B) persons displaced shall have the right to elect, as an alternative to the benefits under this subsection to receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 if such persons determine that it is in their best interest to do so; and (C) where a claim for assistance under subparagraph (A)(iv) is denied by grantee, the claimant may appeal to the State, and that the decision of the State shall be final unless a court determines the decision was arbitrary and capricious. (2) Comply with the provisions of the above paragraph (1) except that paragraphs (A)(i) and (A)(ii) shall not apply in any case in which the Secretary of the U.S. Department of Housing and Urban Development finds, on the basis of objective data, that there is available in the area an adequate supply of habitable affordable housing for low and moderate income persons. A determination under this paragraph is final and nonreviewable. (3) Provide citizens with reasonable notice of, and opportunity to comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity to another by following the same procedures required in paragraphs (b) and (c) for the preparation and submission of the final project plan/application. (e) It will: (1) Minimize displacement of persons as a result of activities assisted with CDBG funds and provide for reasonable benefits to any person involuntarily and permanently displaced as a result of the use of CDBG funds to acquire or substantially rehabilitate property; (2) Affirmatively further fair housing in addition to conducting and administering its project in conformity with Public Law 88-352 and Public Law 90-284 as certified in paragraph (h) hereinafter; (3) Not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (A) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than the CDBG program, or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income who are not persons of low income, it certifies that it lacks sufficient CDBG funds to comply with the requirements of subparagraph (A); (f) Its chief executive officer or other officer of the applicant approved by the State: (1) Consents to assume the status of responsible Federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified in in 24 CFR Part 58, which further the purposes of NEPA, insofar as the provisions of such Federal law apply to the Colorado Community Development Block Grant (CDBG) Program; 4 (2) Is authorized and consents on behalf of the applicant and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official. (g) It will comply with the financial management regulations, policies, guidelines and requirements set forth in the CDBG Grantee Handbook. (h) It will comply with: (1) Section 110 of the Housing and Community Development Act of 1974, as amended, and any State regulations regarding the administea- tion and enforcement of labor standards; (2) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring that, on all contracts and subcontracts which exceed $2,000 for federally-assisted construction, alteration or rehabilitation, laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. (This requirement applies to the rehabilitation of residential property only if such property is designed for use of eight or more families.) (3) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that mechanics and laborers employed on federally-assisted contracts which exceed$2,000 be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week. (4) Copeland "And-Kickback' Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for"kickbacks" of wages in federally- financed or assisted construction activities. (i) It will comply with: (1) Tide VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting discrimination on the basis of race, color, or national origin in any program or activity receiving federal financial assistance. (2) Tide VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 USC 3601), as amended, popularly known as the Fair Housing Act, prohibiting housing discrimination on the basis of race, color, religion, sex, or national origin, and requiring HUD to administer its programs in a manner which affirmatively promotes fair housing. (3) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as amended, providing that no person shall be excluded from participation (including employment), denied program benefits or subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded in whole or in part under Tide I (Community Development) of the Housing and Community Development Act. (4) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity in housing by prohibiting discrimination on the basis of race, color, religion, sex or national origin in the sale or rental of housing built with federal assistance. (5) Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, color, religion, sex or national origin in any phase of employment during the performance of federal or federally-assisted contracts in excess of$2,000. 5 (6) Section 3 of the Housing and Community Development Act of 1968 (12 USC 1701 (u)), as amended, providing that, to the greatest extent feasible, opportunities for training and employment that arise through HUD-financed projects, will be given to lower-income persons in the unit of the project area, and that contracts be awarded to businesses located in the project area or to businesses owned, in substantial part, by residents of the project area. (7) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no otherwise qualified individual shall, solely by-reason of a handicap, be excluded from participation (in- cluding employment), denied program benefits or subjected to dis- crimination under any program or activity receiving federal funds. (8) Age Discrimination Act of 1975, (42 USC 6101), as amended, providing that no person shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. (1) It will comply with: (1) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 —Tide III, Real Property Acquisition (Pub. L 91-646 and HUD implementing regulations at 24 CFR Part 42), providing for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by federal or federally- assisted programs and establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition, specific procedures for selecting contract appraisers and contract negotiations,furnishing to owners of property to be acquired a written summary statement of the acquisition price offer based on the fair market price, and specified procedures connected with condemnation. (2) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 — Tide II, Uniform Relocation Assistance (Pub. L 91-646 and HUD implementing regulations at 24 CFR Part 42), providing for fair and equitable treatment of all persons displaced as a result of any federal or federally-assisted program. Relocation payments and assistance, last-resort housing replacement by displacing agency,and grievance procedures are covered under the Act. Payments and assistance will be made pursuant to state or local law, or the grant recipient must adopt a written policy available to the public describing the relocation payments and assistance that will be provided. Moving expenses and up to $15,000 or more for each qualified homeowner or up to $2,000 or more for each tenant are potential costs. (k) It will comply with: (1) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. (2) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring consideration of the effect of a project on any district, site, building, structure or object that is included in or eligible for inclusion in the National Register of Historic Places. 6 (3) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and enhancement of sites, structures and objects of historical, architectural or archaeological significance. (4) The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir Salvage Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be lost due to federally-funded development and construction activities. (5) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits undertaking certain activities in flood plains unless it has been determined that there is no practical alternative, in which case notice of the action must be provided and the action must be designed or modified to minimize potential damage. (6) Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.) requiring review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting new construction located in wetlands must be avoided unless it is determined that there is no practical alternative to such construction and that the proposed action includes all practical measures to minimize potential damage. (7) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.), as amended, prohibiting the commitment of federal financial assistance for any project which the Environmental Protection Agency determines may contaminate an aquifer which is the sole or principal drinking water source for an area. (8) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions authorized, funded, or carried out by the federal government do not jeopardize the continued existence of endangered and threatened species or result in the destruction or modification of the habitat of such species which is determined by the Department of the Interior, after consultation with the State, to be critical. (9) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting federal assistance in the construction of any water resources project that would have a direct and adverse affect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers System. (10) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal assistance will not be given and that license or permit will not be issued to any activity not conforming to the State implementation plan for national primary and secondary ambient air quality standards. (11) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise abatement and control, acceptable separation distances from explosive or fire prone substances, and suitable land uses for airport runway clear zones. (1) It will: (1) Comply with The Lead-Based Paint Poisoning Prevention Act — Tide IV (42 USC 4831) prohibiting the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance, and requiring notification to purchasers and tenants of such housing of the hazards of lead-based paint and of the symptoms and treatment of lead-based paint poisoning. 7 (2) Give the State, the U.S. Department of Housing and Urban Development (HUD), and any authorized representatives access to and the rights to examine all records, books, papers or documents related to the application and grant; and (m) It will comply with all parts of Title 1 of the Housing and Community Development Act of 1974, as amended, which have not been cited previously as well as with other applicable laws and regulations. ******************************************************************************* Signature, Chief ElecteVOOfficial Signature, Chief Elected Official** C. W. Kirby Name (typed or printed) Name (typed or printed) Chairman, Board of County Commissioners Tide Tide September 20, 1989 Date Date Signature, Chief Elected Official** Signature, Chief Elected Official** Name (typed or printed) Name (typed or printed) Tide Tide Date Date Signature, Chief Elected Official** Signature, Chief Elected Official** Name (typed or printed) Name (typed or printed) Tide Tide Date Date 8 Signature, Chief Elected Official** Signature, Chief Elected Official" Name (typed or printed) Name (typed or printed) Tide Tide Date Date **Additional signatures are required only in the case of "multi jurisdictional" applications. If this is a multi-jurisdictional application, the Chief Elected Official of each municipality and county participating in the application must sign. 9 SUGGESTED FORMAT CITIZEN PARTICIPATION PLAN for the Community Development Block Grant (CDBG) Program Pursuant to Section 104(a)(3) of the Housing and Community Development Act of 1974, as amended, this Citizen Participation Plan is hereby adopted to ensure that the citizens of Weld County (City, Town or County), particularly persons of low and moderate income residing in slum and blight areas in which CDBG funds are proposed to be used, are provided the opportunity and encouraged to participate in the planning and implementation of CDBG-funded activities. PUBLIC HEARING Public hearings will be the primary means of obtaining citizen views and responding to proposals and questions related to community development and housing needs, proposed CDBG activities and past CDBG performance. Prior to submitting a CDBG application to the State, the County (City, Town or County) will conduct at least one public hearing to identify community development and housing needs, including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program, and to review proposed CDBG activities and the past performance of the County (City, Town or County) in carrying out its CDBG responsibilities. In the event CDBG funds are granted by the State, the County (City, Town or County) will conduct at least one additional public hearing to allow citizens to review and comment on its performance in carrying out its CDBG program. A formal public notice will be published in a newspaper of general circulation in the area at least five (S) days prior to such public hearings. A public notice will also be posted in the County Centennial Complex (City/Town Hall or County Courthouse) and in other places frequented by the public, especially low and moderate income persons and persons benefiting from or affected by proposed CDBG activities. As circumstances warrant and as the County (City, Town or County) determines necessary or appropriate, participation may additionally be specifically solicited from persons of low and moderate income, those benefitting from or affected by CDBG activities and/or representatives of such persons. Hearings will be held at times and locations convenient to potential and actual beneficiaries, and with accommodation for the handicapped. In the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate, arrangements will be made to have an interpreter present. PUBLIC INFORMATION AND RECORDS Information and records regarding the proposed and past use of CDBG funds will be available at 915 10th St. Greeley, CO (Location) during regular office hours. The public will be so informed by public notice. TECHNICAL ASSISTANCE The County (City, Town or County) will provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing CDBG proposals. The level and type of assistance appropriate will be determined by the County (City, Town or County) based on its ability to provide or arrange for such assistance, the cost of providing such assistance and other relevant factors. 1 WRITTEN COMMENTS AND RESPONSES The County (City, Town or County) will respond to written complaints and grievances in writing in a timely manner. When practicable, such written responses shall be made within fifteen (15) working days. Elf September 20, 1989 Signature of Chief El ted Official Date NOTE 1: EACH MUNICIPALITY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI- JURISDICTIONAL APPLICATION IS REQUIRED TO HAVE A CITIZEN PARTICIPATION (CP) PLAN. NOTE 2: CITIZEN ADVISORY COMMITTEES ARE NOT REQUIRED. IF ONE IS PROPOSED HOWEVER, ITS ROLE AND COMPOSITION SHOULD BE INCLUDED IN THIS CP PLAN. 2 PUBLIC NOTICE AND NOTICE OF PUBLIC HEARING The County of Weld plans to submit Community Development Block Grant (CDBG) applications to the State of Colorado, Office of Economic Development. CDBG funds are intended to provide decent housing, suitable living environments and economic opportunities, principally for low and moderate income persons through rehabilitation and preservation, economic/job development and public facilities improvements. It is estimated that $7,632,200 will be available statewide for the 1989 "Small Cities" CDBG program. Approximately one-third of the appropriation will be available for economic development projects. The application being considered would request $50,000 for a loan to R & R . Custom Woodworking, Inc. , and $200,000 for a loan to Denpak Building Products, Inc. It is estimated that approximately 51% of the funds would benefit low and moderate income persons. Permanent involuntary displacement of neighborhood persons or businesses is not anticipated. Should it later become necessary to consider such displacement, alternatives will be examined to minimize the displacement. If no feasible alternatives exist, required/reasonable benefits will be provided to those displaced to mitigate adverse effects and hardships. Any low and moderate income housing which is demolished or converted will be replaced. A public hearing will be held at 9:30 a.m. on Wednesday, September 20, 1989, at the Commissioners Meeting Room, 915 10th Street, Greeley, Colorado, to obtain citizen views and to respond to proposals and questions related to: - the proposed CDBG applications for loan programs to R & R Custom Woodworking, Inc. and Denpak Building Products, Inc. - community development and housing needs, including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program. - the performance of Weld County in carrying out its community development responsibilities. Written comments are also welcome and must be received by September 19, 1989, at 915 10th Street, Greeley, Colorado, 80632. Oral and written comments will be considered in deciding whether to submit an application for the proposed project. Written summary information will be available at Room 319, 915 10th Street, Greeley, Colorado, on September 8, 1989, until September 20, 1989, on any CDBG applications as submitted to the state for public review at Room 319, 915 10th Street, Greeley, Colorado, after September 20, 1989. Information and records regarding the Weld County proposed and past use of CDBG funds is available at Room 319, 915 10th Street, Greeley, Colorado, during regular office hours. Advance notice is requested. Published: The New News, September 13, 1989 Community Development an for Weld County Page 1 of 6 Community Development and Housing Needs Public facilities and services Activities to be undertaken needed: to address needs (1/89 to 12/89) : AULT: repave streets and sidewalks. On—going. DACONO: develop senior transportation Seek funding sources. system. EATON: develop library and recreation Develop plan for construction center. and costs. ERIE: rehabilitate town hall; upgrade Town hall rehabilitation is on-going police and fire protection services; protection services upgrade is in acquire fire-fighting equipment; discussion-stage; seek funding for improve streets; upgrade street and acquisition of equipment; plan to be drainage system. developed in early 1989 for system. EVANS: repave streets; water and sewer Street repaving is on-going; city upgrade; Highway 85 development will apply for CDBG 1989 funds for for commercial and residential; water and sewer project; Highway 85 install street lights; develop park; corridor study is on-going; plan is community clean-up. in place for street lights; park and clean-up plans are to be developed. FIRESTONE: repave streets; develop park. Both are on-going. FORT LUPTON: expand water treatment facilities; Feasibility study is on-going and construct waste water treatment will be conducted through 1993; plant. on-going and will be finished in January of 1989. FREDERICK: replace water mains; repave Both projects are on-going as streets. funding develops. GARDEN CITY: no needs identified. GILCREST: correct water nitrate levels; Seek funding through the FmHA as a improve drainage system. joint applicant with the towns of LaSalle and Platteville. GREELEY: improve streets; improve parks; Street improvement and park create more downtown parking. improvement projects are on-going; feasibility study pending for parkin: GROVER: no needs identified. HUDSON: upgrade water mains; repave streets; Received State grant for water finish park improvements. system planning; street paving is on-going. Community Development in for Weld County Page 2 of 6 Community Development and Housing Needs Public facilities and services Activities to be undertaken needed: to address needs (1/89 to 12/89) : JOHNSTOWN: repair streets; form a Street over-lay project is on- recreation district. going; a hearing is planned with the Weld County Planning Commission. KEENESBURG: no needs identified. KERSEY: upgrade water system and sewer Water system project is pending the facilities; upgrade storm drainage funding from the FmHA; drainage system. system project is pending. LASALLE: improve water quality and upgrade Seek funding through the FmHA as a storm drainage system. joint applicant with the towns of Gilcrest and Platteville. LOCHBUIE: no needs identified. MEAD: no needs identified. MILLIKEN: expand sewer system. Funding is in place and project expected to conclude in fall of 1989 NEW RAYMER: no needs identified. NUNN: repave streets. On-going as funding permits. PIERCE: no needs identified. PLATTEVILLE: expand library; improve park and Library, park and community building community building; improve water projects are all in progress; seek quality. funding through the FmHA as a joint applicant with the towns of LaSalle Gilcrest. SEVERANCE: no needs identified. WINDSOR: expand water supply; improve parks; Study is being conducted for improve streets. water supply expansion feasibility; recreational aspects of park project areon-going; street repair is on two-year work cycle. Community Development an for Weld County Page 3 of 6 Community Development and Housing Needs Economic development Activities to be undertaken needed : to address needs (1/89 to 12/89) : AULT: renovate downtown. Discussion is on-going. DACONO: attract industry and jobs. Efforts on-going. EATON: attract industry and jobs. Efforts on-going. ERIE: no needs identified. EVANS: commercial development of Study is on—going. Highway 85 corridor. FIRESTONE: attract industry; create Efforts on—going; participate Chamber of Commerce. in Carbondale Tri—area Chamber of Commerce. FORT LUPTON: attract industry and jobs. Efforts on—going. FREDERICK: no needs identified. GARDEN CITY: maintain existing industry. Efforts on—going. GILCREST: attract industry and jobs. Efforts on-going. GREELEY: attract industry and jobs. Efforts on-going. GROVER: no needs identified. HUDSON: no needs identified. JOHNSTOWN: attract industry and jobs. Efforts on-going. KEENESBURG: develop downtown. Plan to join enterprise zoning. KERSEY: attract industry and jobs. Efforts on-going. LASALLE: attract industry and jobs. Efforts on-going through Highway 85 corridor study to zone commercial. LOCHBUIE: no needs identified. MEAD: organize Mead Economic Development Recently in place. Committee. ' " Community Development Plan for Weld County Page 4 of 6 Community Development and Housing Needs Economic development Activities to be undertaken needed : to address needs (1/89 to 12/89) : MILLIKEN: attract industry. Efforts on-going. NEW RAYNER: no needs identified. NUNN: attract industry. Efforts on-going. PIERCE: no needs identified. PLATTEVILLE: develop downtown; attract Efforts on—going; Longmont Foods industry and jobs. recently started up plant. SEVERANCE: no needs identified. WINDSOR: maintain industry. Efforts on-going. Community Development in for Weld County Page 5 of 6 Community Development and Housing Needs Housing needs : Activities to be undertaken to address needs (1/89 to 12/89) : AULT: develop moderate- and low-income Construction of moderate-income rental and owner-occupied housing. owner-occupied housing and a four- plex rental unit is under way. DACONO: no needs indentified. EATON: no needs identified. ERIE: no needs identified. EVANS: rehabilitate low- and moderate- Rental Rehab 1988 Program will income owner-occupied and be in place in early 1989; cooperat- rental housing. ing with WCHA in applying for CDBG. FIRESTONE: no needs identified. FORT LUPTON: rehabilitate owner-occupied Work with Mercy Housing Project, low- to moderate-income senior which is on-going. housing. FREDERICK: rehabilitate owner-occupied low- Work with Mercy Housing Project, to moderate-income senior housing. which is on-going. GARDEN CITY: provide low- to moderate-income Project slated for 1988 Rental rental housing. Rehab Program through the WCHA. GILCREST: rehabilitate owner-occupied low- Work with WCHA for its proposed to moderate-income housing. 1989 CDBG Program. GREELEY: rehabilitate owner-occupied low- Greeley is an entitlement city for to moderate-income housing; provide Rental Rehab and CDBG Programs, whitl replacement housing for low-income are on-going. families: GROVER: no needs iden: fied. HUDSON: develop rental housing for low- to Work with private developers. moderate-income families. JOHNSTOWN: develop multi-family rental Have annexed and zoned land for housing. residential development, which is currently for sale. KEENESBURG: no needs identified. Community Development Plan for Weld County Page 6 of 6 Community Development and Housing Needs Housing needs: Activities to be undertaken to address needs (1/89 to 12/89) : KERSEY: no needs identified. LASALLE: rehabilitate low— to moderate— Work with the WCHA for its proposed income owner—occupied housing. 1989 CDBG Program. LOCHBUIE: no needs identified. MEAD: no needs identified. MILLIKEN: develop senior housing. Efforts to develop plan are in progress. NEW RAYMER: no needs identified. NUNN: no needs identified. PIERCE: no needs identified. PLATTEVILLE: develop senior housing; Senior housing project is slated rehabilitate low- to for 1988 Rental Rehab Program throug moderate-income owner- the WCHA; work with the WCHA for its occupied housing. proposed 1989 CDBG Program. SEVERANCE: no needs identified. WINDSOR: develop single-family rental Work with private developers. housing. CERTIFICATION OF COMPLETION OF COMMUNITY DEVELOPMENT PLAN The County of Weld, a grantee of the State of Colorado under the 1989 "Small Cities" Community Development Block Grant (CDBG) Program, hereby certifies to the State of Colorado that it has completed the CDBG-required "Community Development Plan" which identifies its community development and housing needs, including the needs of low- and moderate-income persons, and the activities to be undertaken to meet such needs. !"• /;X�-mil Signature of Chief Elected Official C.W. Kirby Name (typed or printed) Chairman, Board of Commissioners Title 1/4/89 Date ATTEST: (.(/:tN. I fµ„ C ,tJ / ” Weld County Clerk and Recorder r r and Clerk to the Board in 4 , ‘ BY: \.- , 7 .c.E,' /=�; ' l c / t-ics Detuty County Clerk 89:: 12 SUGGESTED FORMAT RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN for the Community Development Block Grant (CDBG) Program The County of Weld (City, Town or County) will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to a use other than as low/moderate income housing as a direct result of activities assisted with CDBG funds, as required by Section 104(d) of the Housing and Community Development Act of 1974, as amended (the Act), and implementing regulations at 24 CFR 570.496a. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County (City, Town or County) will make public and submit to the State the following information in writing: 1. Description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; 4. The general location on a map and approximate number of dwelling units by size, (number of bedrooms) that will be provided as replacement dwelling units; S. The source of funding and a time schedule for the provision of replacement dwelling units; and, 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate income dwelling unit for at least 10 years from the date of initial occupancy. The County (City, Town or County) will provide relocation assistance, as described in 570.496a(b)(2), to each low/moderate income household displaced by the demolition of housing or by the conversion of a low/moderate income dwelling to another use as a direct result of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, the County (City, Town or County) will take the steps indicated below to minimize the displacement of persons from their homes:* 1 X Provide substantial levels of relocation assistance, as required by 24 CFR 570.496a(b)(2). The substantial cost of providing such assistance serves as a strong deterrent to unnecessary displacement. X Replace all occupied and vacant occupiable low/moderate income housing demolished or converted as a direct result of CDBG-assisted project activities, and make such replacement housing affordable for at least ten years. The substantial cost of providing such replacement housing serves as a strong deterrent to unnecessary displacement. _ Consider all practical alternatives to any proposed project which may result in residential displacement. Alternatives to be considered include other sites for the proposed facilities/project. Also to be considered are the costs and benefits, both financial and nonfinancial, of each alternative. Provide counseling and referral services to assist displacees find alternative housing in the community. _ Work with area landlords and real estate brokers to locate vacancies for households facing displacement. * The following are examples of steps to minimize displacement. The others are-optional. Only check those which are appropriate for the project and local circumstances. Add other steps as necessary or appropriate. Stage rehabilitation of assisted housing to allow tenants to remain during and after rehabilitation, working with empty buildings or groups of empty units first so they can be rehabilitated first and tenants moved in before rehab on occupied units or buildings is begun. _ Establish temporary relocation facilities in order to house families whose displacement will be of short duration, so they can move back to their neighborhoods after rehabilitation or new construction. Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent their placing undue financial burden on long-established owners or on tenants of multi-family buildings. _ Develop displacement watch systems in cooperation with neighborhood organizations to continuously review neighborhood development trends,identify displacement problems,and identify individuals facing displacement who need assistance. " 9/20/39 Signature o Chief E cted Official Date NOTE: (X)EACH MUNICIPALITY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI-JURISDICTIONAL APPLICATION IS REQUIRED TO HAVE A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION PLAN. 2 , , 4 4 • 7,•---„H DEPARTMENT OF FINANCE AND ADMINISTRATION PHONE(303)356-4000 EXT.4218 P.O. BOX 758 GREELEY, COLORADO 80632 wilgC. COLORADO September 19, 1989 Sharon Bowers Office of Economic Development State of Colorado 1625 Broadway, Suite 1710 Denver, CO 80202 Dear Sharon: Enclosed please find the environmental impact study for the Denpak Building Products, Inc. grant application. If you have questions, please do not hesitate to contact me at 356-4000, extension 4218. r truly you , C ) i D Donald D. Warden, Director Finance and Administration DDW:vds enc ADA MS C O U N T Y, COLORADO COMMUNITY OUTREACH 450 SOUTH 4TH AVENUE BRIGHTON,COLORADO 80601 (303)659-2120,EXT. 103 MEMORANDUM TO: Don Warden, Finance & Administration Weld County Government FROM: at Herrera, Grants Compliance Coordinator Office of Community Outreach SUBJECT: Environmental Review - DENPAK DATE: September 13, 1989 The DENPAK Building Products, Inc., project is categorically excluded from an Environmental Review because it is a single RLF project. However, the enclosed checklists, Statutory and Site Specific, are required and completed. If you have any questions or require additional information, please contact me. • BOARD OF COUNTY ELAINE T. VALENTI JAMES M. NELMS HAROLD E. KITE COMMISSIONERS. DISTRICT I DISTRICT 2 DISTRICT 3 CATEGORICALLY EXCLUDED PROJECTS AREAS OF COMPLIANCE WITH RELATED LAWS AND REGULATIONS Project Name and Project No. DENPAC BUILDING PRODUCTS, INC. (DIRECT LOAN) STATUTORY CHECKLIST Area of Statutory/ � �� Regulatory Compliance H• fiiAI6/ zEb/1 /11 /1 / Sourck e , g. Corresonce HSTC s9CPERTIES X Not Historic property, no r habilitation, Economic Development Project FLCOOPLNN A(N8.1BJt Project not located in X 100 yr. Flood Plain. Flood Insurance Rate Map (2/1/79) COSTAL AREAS PR7ECTICN NOT AR'UCeBLE IN FLO AND MANAGEMENT X REGal MII WATEROUALITY: AW CJ E W HA SOLE SO.Fa≤E *QJFBRS X FEGICNN ENYAGERED SAES X No impact on endangered Economic Development Project On-Site visit MD nDSOENC RMFG No wild & scenic rivers exist X i° area ect. On-siteefvisit. MROUALJTY No change with existing activity. X On-Site Visit NamIADS MCIMM om ' Does not apply. X On-Site Visit NOISE 'Addressed in site specific X checklist. No impact. un-siteVisit RJ9NAY OEeA S ES Addressed in site specific CLEARflES MD ACCT X checklist. No impact. FOTENTtALONES On-Site Visit No thermaland explosive hazards THERMALANO X EPA contact,_ Vera Moritz. No EfftCSI� co to i iation file closed. un-site one mile from project. • *far weal ti[ eeaana Cr* her teen Man The recipient has compared the project with the above cited authorities and: The issues noted require a more complete assessment. Issues were identified, but have been mitigated; a Notice of Intent to Request a Release of Funds (NOIRROF) and a Request for Release of Funds (RROF) is attached. - - - -- - "-- X None of the laws or authorities cited above were found relevant to the project The Project has therefore been determined to-be exempt under24 CFR, Pan 58.34a(10).-- • Prepared By. Pat Herrera Date: 9/11/89 14" 1 • • • 10 ECONOMIC DEVELOPMENT DENPAC BUILDING PRODUCTS SITE SPECIFIC CFE ICLIST Yes No 1 . Structure is over 50 years old. 2. Site is within 1/4 mile of a property on or eligible for the National Register of Historic Places. 3. Site is within, or partially within, a 100-year floodplain (±tMA map). 4. Noise Determination - Site is within: x a. 1,000 feet of a major roadway x b. 3,000 feet of a railroad c. 65 Ldn for a commercial service airport d. 65 Ldn for a military airfield 5. Are above ground storage of hazardous materials, such as liquid propane or gasoline storage tanks, visible from the site? 6. Is site near a listed hazardous waste site? -x 7 . Is the site near the end of a runway at a civil airport or military airfield? If any of the items above are checked "yes", further environmental investigation is necessary. #6. No impact- Vera Moritz, EPA, site within one mile of listed site. File • closed,on site, no contamination. • 6777 Down' Denver Co (Location/Address of site reviewed) 9/11/89 D at (Official) Pat Herrera State of Colorado Office of Economic Development COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION APPLICATION #: (OED USE) APPLICANT: Weld County COUNTY: Weld ADDRESS: 915 10th Street Greeley, CO 80631 CONTACT: Don Warden PHONE: (303 ) 356-4000 ext. 4200 PROJECT TITLE: R F, R Custom Woodworking, Inc. - Relocation TYPE OF ASSISTANCE: Working Capital Loan AMOUNT REQUESTED: $50,000.00 PROJECT DESCRIPTION: Please indicate what is to be done, how it is to be accomplished and cost verification for the project activity. The project involves the relocation of the manufacturing operations of R $ R Custom Woodworking, Inc. from its present facilities in Pierce, Colorado, to substantially larger facilities in Greeley. The move is designed to expand the company's capacity by acquiring a larger plant, new equipment, and to obtain additional working capital to finance inventories and receivables. PROPOSED PROJECT ACTIVITIES AND BUDGET • Project PROJECT STATE OTHER PROJECT FUNDING Activities Costs CDBG Amount Source Status Working Capital $350,000 $50,000 $300,000 United Bank Approved of Greeley Fixed Assets $675,000 $290,000 CEDCO/SBA504 Approved $335,000 CHFA/ACCESS Approved Site Improvements $ 50,000 Greeley Urban Approved Renewal Authority Administration Other Totals $1,025,000 $50,000 $975,000 1 BACKGROUND INFORMATION: a. Current Population: 123,438 f. Prop.Tax Rate/Assess. Val: Greeley Av. 82.846 mill Assessed Valuation: $1,065, 708,930 ley) b. # L/M Persons: 38,750 g. Bonded Indebtedness: -0- c. % L/M Persons: 31% h. Sales Tax%/Revenue: City Greeley 3% State 3% Revenue $18,007,449 (1988 d. County Work Force: 67,200 i. Current Annual Budget: $50,556,248 e. Current Unemployment: 6.9% PROJECT REVIEW FACTORS PROJECT IMPACT 1. Please describe how the project will meet national objectives. (Low/Mod Income Benefit/Slum Blight/Urgent Need) The project results in the expansion of the manufacturing facilities of the company. The expansion will provide new jobs --- approx. 70% of which would be available to low to moderate income individuals. 2. To what extent will the project's activities benefit low to moderate income persons? How will results and benefits be documented? The project creates approx. 27 new jobs in the next three years. Of the 27 new jobs, 21 will be filled by low to moderate income individuals. The Colorado Job Service will be utilized to document the number of low to moderate income individuals added to the company' s payroll . 3. How will the project contribute to consistency of community efforts? Weld County has a policy of encouraging private sector employment growth for purposes of improving job opportunities for its citizens, and reducing unemployment rates. The county participates actively in economic develop- ment efforts and this project is an example of the implementation of county . economic improvement policies. 2 4 Will any program income be received? (Program income means amounts generated from the use of CDBG funds, including both CDBG grant funds and previously received program income.) X Yes No If yes, how will the retained program income be used? _ To continue the activity from which program income was derived. To carry out an activity other than the one from which the program income was derived. Describe the activity to be carried out. 5. Describe additional public benefits, if any. Project will result in occupancy of a large existing building which has been vacant for several years --- thereby improving the physical appearance of the area. PUBLIC/PRIVATE LEVERAGING 1. • Describe local public and private financial commitments that have been secured. The United Bank of Greeley has committed a $300,000 revolving line of credit for the company. The Greeley Urban Renewal Authority has committed to a $50,000 term loan. The Community Economic Development Co. of Colorado (CEDCO) , under the SBA 504 Program has committed $290,000, and the Colorado Housing and Finance Authority Access Program has committed $335,000. 2. What efforts have been made to obtain private financing or involve the business community? All of the funds itemized in #1 above are private funds except GURA and CEDCO funds. 3. What local incentives have been offered? The new facility is located in the Greeley/Weld Enterprise Zone, entitling R f, R Custom Woodworking, Inc. to numerous state tax credit incentives, including a 3% investment tax credit and substantial job tax credits. 4. Specify the type of collateral, guarantees or other security offered. Land, building, and equipment purchased with the funds will be made available as collateral . The United Bank loan will be secured by existing equipment and assets. All shareholders will guarantee the loans. 3 5. Describe past and cu..ent economic development projects chat ,... e been undertaken, within the last five years, (not including project at hand), by the applicant. Weld County has undertaken several economic development projects in conjunction with .the Economic Development Action Partnership (EDAP) . The projects include: (1) a computerized data center linked to the Governor's Office of Economic Development, (2) an existing industry program servicing the needs of Weld County companies, (3) an aggressive Prospecting Program that markets Weld County area to business and industry all over the USA, (4) extension and administration of an enterprise zone in Weld County, and (5) development of an 80 acre industrial park for prospective business development in Weld County via a $640,000 EDA grant in 1987-1988. . MANAGEMENT CAPACITY 1. Please describe your proposed administrative structure. Specify who is responsible for completing defined tasks and the respective qualifications. Include those responsibilities that would be assigned to consultants or contractors and how these people would be selected. Project will be administered through the Weld County Department of Finance and Administration. Project Manager will be Don Warden, Director of Finance and Administration, who is directly accountable to the Board of County Commissioners. Weld County Finance and Administration has success- fully administered numerous state and Federal grants in the past, including CDBG. 2. Define the means for cost determinations and identify budget allocations. The amount of the Direct Loan was determined through the assistance of the State Office of Economic Development Action Partnership. The total budget is for the expansion and relocation of the firm for the creation of 27 new jobs with 70% available to low to moderate income individuals. 3. Provide a timetable for project accomplishments and completion of regulatory requirements. The project loan is for a five year term and amortization. Principal and interest shall be due and payable monthly to contractor. R&R Custom Woodworking will, with the expansion, retain between 14 and 19 low to moderate income employees. • 4. Would activities proposed to be funded by CDBG funds involve construction or installation of equipment? If so, what actions will be taken to ensure compliance with federal tabor standards? If project involves construction. attach a map which illustrates the site. Were efforts made to privately finance construction? No 5. Does the project have potential environmental impacts? Is an Air Quality Permit required? No Is an historic building involved? No Is the project in a floodplain? No Is a water discharge permit needed? No Are hazardous substances used? No For further environmental information, please see attached environmental review. 6. Describe how the project would address job creation, list types of jobs and :raining needs. Salaried, administrative, secretarial/clerical, and production personnel will require computer operations and systems application training. These needs will be met by IBM and other software companies. Production, ware- house, and mechanical personnel will need training in machine operations, wood identification and grading, and other related skills. . Training will be on-the-job. The application and the obligations hereunder shall be governed, construed and enforced in accordance with the laws of the State of Colorado. To the best of my knowledge and belief, statements in this application are true and correct and its submission with attached Statement of Assurances and Certifications has been duly authorized by.the governing body of all participating jurisdictions. Chairman 9/2o/(5-l7 C. W. Kirby Signature, Chief Elected Official Tide Dare 5 State of Colorado Office of Economic Development Community Development Block Grant Program APPLICANT STATEMENT OF ASSURANCES AND CERTIFICATIONS The applicant hereby assures and certifies that: (a) It: (1) Possesses legal authority to apply for the grant and to execute the proposed project, and its governing body has duly adopted or passed as an official act a resolution, motion or similar action author- izing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the applicant's chief executive officer and/or other designated official representatives to act in connection with the application and to provide such additional information as may be required; and (2) Has developed its application, including its projected use of funds, so as to give maximum feasible priority to activities which will benefit low and moderate income persons or aid in the prevention or elimination of slums or blight. (The requirement for this certification will not preclude the State from approving an application where the applicant certifies and the State determines, that all or part of the proposed project activities are designed to meet other community development needs that have arisen during the preceding twelve-month period and have particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community and where other financial resources are not available to meet such needs.) (b) It is following a detailed citizen participation plan which: (1) Provides for and encourages citizen participation with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which Community Development Block Grant (CDBG) funds are proposed to be used; (2) Provides citizens with reasonable and timely access to local meetings, information, and records relating to its proposed and actual use of CDBG funds; (3) Provides for technical assistance to groups representative of persons of low and moderate income that request such assistance in developing proposals with the level and type of assistance to be determined by the applicant; (4) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities, and review of program performance, which hearings shall be held after adequate notice at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped; (5) Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; and 1 (6) Identifies how the needs of non-English speaking residents will be met in the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate. (c) It has provided for and encouraged citizen participation,with particular emphasis on participation by persons of low and moderate income who are residents of slum and blight areas and of areas in which CDBG funds are proposed to be used, by: (1) Furnishing citizens information concerning the amount of funds available for proposed community development and housing activities and the range of activities that may be undertaken, including the estimated amount proposed to be used for activities that will benefit persons of low and moderate income and its plans for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities; (2) Publishing a proposed project plan/application in such a manner to afford citizens an opportunity to examine its content and to submit comments on the proposed project plan/application and on the community development performance of the jurisdiction(s); (3) Holding one or more public hearings, as indicated below, to obtain citizen views and to respond to proposals and questions related to community development and housing needs, proposed activities and past CDBG performance. All hearings were held no sooner than five days after notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the handicapped and for the needs of non-English speaking residents where a significant number of such residents could have been reasonably expected to participate. ADplicant/ParticiDant* Date Time Location Weld County 9/20/39 9:30 a.m. 915 10th St. , Greeley, CO 80631 *In the case of a "multi-jurisdictional"application,each participating municipality and county must hold at least one public hearing. 2 (4) As applicable, providing citizens with reasonable and timely access to local meetings, information and records regarding its proposed and past use of CDBG funds; (5) In preparing its project plan/application, considering any such comments and views and, if deemed appropriate, modifying the proposed project plan/application; (6) Making the final project plan/application available to the public; (7) Identifying its community development and housing needs, including the needs of low and moderate income persons, and the activities to be undertaken to meet such needs. (d) In the event it is awarded CDBG funds by the State, it will: (1) Follow a residential antidisplacement and relocation assistance plan which shall: (A) In the event of such displacement, provide that: (i) Governmental agencies or private developers shall provide within the same community comparable replacement dwellings for the same number of occupants as could have been housed in the occupied and vacant occupiable low and moderate income dwelling units demolished or converted to a use other than for housing for low and. moderate income persons, and provide that such replacement housing may include existing housing assisted with projected based assistance provided under section 8 of the United States Housing Act of 1937; (ii) Such comparable replacement dwellings shall be designed to remain affordable to persons of low and moderate income for 10 years from the time of initial occupancy; (iii) Relocation benefits shall be provided for all low or moderate income persons who occupied housing demolished or converted to a use other than for low or moderate income housing, including reimbursement for actual and reasonable moving expenses, security deposits, credit checks, and other moving-related expenses, including any interim living costs; and, in the case of displaced persons of low and moderate income, provide either: (I) compensation sufficient to ensure that, for a 5-year period, the displaced families shall not bear, after relocation, a ratio of shelter costs to income that exceeds 30 percent; or (II) if elected by a family, a lump-sum payment equal to the capitalized value of the benefits available under subclause (1) to permit the household to secure participation in a housing cooperative or mutual housing association: (iv) Persons displaced shall be relocated into comparable replacement housing that is: (I) decent, safe, and sanitary; (II) adequate in size to accommodate the occupants; (III) functionally equivalent; and (IV) in an area not subject to unreasonably adverse environmental conditions; 3 (B) persons displaced shall have the right to elect, as an alternative to the benefits under this subsection to receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 if such persons determine that it is in their best interest to do so; and (C) where a claim for assistance under subparagraph (A)(iv) is denied by grantee, the claimant may appeal to the State, and that the decision of the State shall be final unless a court determines the decision was arbitrary and capricious. (2) Comply with the provisions of the above paragraph (1) except that paragraphs (A)(i) and (A)(ii) shall not apply in any case in which the Secretary of the U.S. Department of Housing and Urban Development finds, on the basis of objective data, that there is available in the area an adequate supply of habitable affordable housing for low and moderate income persons. A determination under this paragraph is final and nonreviewable. (3) Provide citizens with reasonable notice of,and opportunity to comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity to another by following the same procedures required in paragraphs (b) and (c) for the preparation and submission of the final project plan/application. (e) It will: (1) Minimize displacement of persons as a result of activities assisted with CDBG funds and provide for reasonable benefits to any person involuntarily and permanently displaced as a result of the use of CDBG funds to acquire or substantially rehabilitate property; (2) Affirmatively further fair housing in addition to conducting and administering its project in conformity with Public Law 88-352 and Public Law 90-284 as certified in paragraph (h) hereinafter; (3) Not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: (A) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than the CDBG program, or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income who are not persons of low income, it certifies that it lacks sufficient CDBG funds to comply with the requirements of subparagraph (A); (f) Its chief executive officer or other officer of the applicant approved by the State: (1) Consents to assume the status of responsible Federal official under the National Environmental Policy Act of 1969 (NEPA) and other provisions of Federal law, as specified in in 24 CFR Part 58, which further the purposes of NEPA, insofar as the provisions of such Federal law apply to the Colorado Community Development Block Grant (CDBG) Program; 4 (2) Is authorized and consents on behalf of the applicant and himself/herself to accept the jurisdiction of the Federal courts for the purpose of enforcement of his/her responsibilities as such an official. (g) It will comply with the financial management regulations, policies, guidelines and requirements set forth in the CDBG Grantee Handbook. (b) It will comply with: (1) Section 110 of the Housing and Community Development Act of 1974, as amended, and any State regulations regarding the administra- don and enforcement of labor standards; (2) Davis-Bacon Fair Labor Standards Act (40 USC 276a - 276a-5) requiring that, on all contracts and subcontracts which exceed $2,000 for federally-assisted construction, alteration or rehabilitation, laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. (This requirement applies to the rehabilitation of residential property only if such property is designed for use of eight or more families.) (3) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that mechanics and laborers employed on federally-assisted contracts which exceed$2,000 be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week. (4) Copeland 'Anti-Kickback* Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for"kickbacks" of wages in federally- financed or assisted construction activities. (i) It will comply with: (1) Tide VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting discrimination on the basis of race, color, or national origin in any program or activity receiving federal financial assistance. (2) Tide VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 USC 3601), as amended, popularly known as the Fair Housing Act, prohibiting housing discrimination on the basis of race, color, religion, sex, or national origin, and requiring HUD to administer its programs in a manner which affirmatively promotes fair housing. (3) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as amended, providing that no person shall be excluded from participation (including employment), denied program benefits or subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded in whole or in part under Title I (Community Development) of the Housing and Community Development Act. (4) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity in housing by prohibiting discrimination on the basis of race, color, religion, sex or national origin in the sale or rental of housing built with federal assistance. (5) Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, color, religion, sex or national origin in any phase of employment during the performance of federal or federally-assisted contracts in excess of $2,000. 5 (6) Section 3 of the Housing and Community Development Act of 1968 (12 USC 1701 (u)), as amended, providing that, to the greatest extent feasible, opportunities for training and employment that arise through HUD-financed projects, will be given to lower-income persons in the unit of the project area, and that contracts be awarded to businesses located in the project area or to businesses owned, in substantial part, by residents of the project area. (7) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation (in- cluding employment), denied program benefits or subjected to dis- crimination under any program or activity receiving federal funds. (8) Age Discrimination Act of 1975, (42 USC 6101), as amended, providing that no person shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. (j) It will comply with: (1) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 — Title III, Real Property Acquisition (Pub. L 91-646 and HUD implementing regulations at 24 CFR Part 42), providing for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by federal or federally- assisted programs and establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition, specific procedures for selecting contract appraisers and contract negotiations,furnishing to owners of property to be acquired a written summary statement of the acquisition price offer based on the fair market price, and specified procedures connected with condemnation. (2) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 — Title II, Uniform Relocation Assistance (Pub. L 91-646 and HUD implementing regulations at 24 CFR Part 42), providing for fair and equitable treatment of all persons displaced as a result of any federal or federally-assisted program. Relocation payments and assistance, last-resort housing replacement by displacing agency,and grievance procedures are covered under the Act. Payments and assistance will be made pursuant to state or local law, or the grant recipient must adopt a written policy available to the public describing the relocation payments and assistance that will be provided. Moving expenses and up to $15,000 or more for each qualified homeowner or up to $2,000 or more for each tenant are potential costs. (k) It will comply with: (1) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Pans 1500 - 1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. (2) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring consideration of the effect of a project on any district, site, building, structure or object that is included in or eligible for inclusion in the [National Register of Historic Places. 6 (3) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and enhancement of sites, structures and objects of historical, architectural or archaeological significance. (4) The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir Salvage Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be lost due to federally-funded development and construction activities. (5) Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits undertaking certain activities in flood plains unless it has been determined that there is no practical alternative, in which case notice of the action must be provided and the action must be designed or modified to minimize potential damage. (6) Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.) requiring review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting new construction located in wetlands must be avoided unless it is determined that there is no practical alternative to such construction and that the proposed action includes all practical measures to minimize potential damage. (7) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.), as amended, prohibiting the commitment of federal financial assistance for any project which the Environmental Protection Agency determines may contaminate an aquifer which is the sole or principal drinking water source for an area. (8) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions authorized, funded, or carried out by the federal government do not jeopardize the continued existence of endangered and threatened species or result in the destruction or modification of the habitat of such species which is determined by the Department of the Interior, after consultation with the State, to be critical. (9) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting federal assistance in the construction of any water resources project that would have a direct and adverse affect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers System. (10) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal assistance will not be given and that license or permit will not be issued to any activity not conforming to the State implementation plan for national primary and secondary ambient air quality standards. (11) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise abatement and control, acceptable separation distances from explosive or fire prone substances, and suitable land uses for airport runway clear zones. (I) It will: (1) Comply with The Lead-Based Paint Poisoning Prevention Act — Title IV (42 USC 4831) prohibiting the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance, and requiring notification to purchasers and tenants of such housing of the hazards of lead-based paint and of the symptoms and treatment of lead-based paint poisoning. 7 (2) Give the State, the U.S. Department of Housing and Urban Development (HUD), and any authorized representatives access to and the rights to examine all records, books, papers or documents related to the application and gram; and (m) It will comply with all parts of Tide 1 of the Housing and Community Development Act of 1974, as amended, which have not been cited previously as well as with other applicable laws and regulations. ,?Git Signature, Chief Elected fficial Signature, Chief Elected Official** C. W. Kirby Name (typed or printed) Name (typed or printed) Chairman, Board of County Commissioners Tide Tide September 20, 1989 Date Date Signature, Chief Elected Official** Signature, Chief Elected Official** Name (typed or printed) Name (typed or printed) Tide Tide Date Date Signature, Chief Elected Official** Signature, Chief Elected Official** Name (typed or printed) Name (typed or printed) Tide Tide Date Date 8 Signature, Chief Elected Official** Signature, Chief Elected Official** Name (typed or printed) Name (typed or printed) Title Tide Date Date **Additional signatures are required only in the case of "multi-jurisdictional" applications. If this is a multi-jurisdictional application, the Chief Elected Official of each municipality and county participating in the application must sign. 9 SUGGESTED FORMAT CITIZEN PARTICIPATION PLAN for the Community Development Block Grant (CDBG) Program Pursuant to Section 104(a)(3) of the Housing and Community Development Act of 1974, as amended, this Citizen Participation Plan is hereby adopted to ensure that the citizens of Weld County (City, Town or County),particularly persons of low and moderate income residing in slum and blight areas in which CDBG funds are proposed to be used, are provided the opportunity and encouraged to participate in the planning and implementation of CDBG-funded activities. PUBLIC HEARING Public hearings will be the primary means of obtaining citizen views and responding to proposals and questions related to community development and housing needs,proposed CDBG activities and past CDBG performance. Prior to submitting a CDBG application to the State, the County (City, Town or County) will conduct at least one public hearing to identify community development and housing needs, including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program, and to review proposed CDBG activities and the past performance of the County (City, Town or County) in carrying out its CDBG responsibilities. In the event CDBG funds are granted by the State, the County (City, Town or County) will conduct at least one additional public hearing to allow citizens to review and comment on its performance in carrying out its CDBG program. A formal public notice will be published in a newspaper of general circulation in the area at least five (5) days prior to such public hearings. A public notice will also be posted in the County Centennial Complex (City/Town Hall or County Courthouse) and in other places frequented by the public, especially low and moderate income persons and persons benefiting from or affected by proposed CDBG activities. As circumstances warrant and as the County (City, Town or County) determines necessary or appropriate, participation may additionally be specifically solicited from persons of low and moderate income, those benefitting from or affected by CDBG activities and/or representatives of such persons. Hearings will be held at times and locations convenient to potential and actual beneficiaries, and with accommodation for the handicapped. In the case of public hearings where a significant number of non-English speaking residents can be reasonably expected to participate, arrangements will be made to have an interpreter present. PUBLIC INFORMATION AND RECORDS Information and records regarding the proposed and past use of CDBG funds will be available at 915 10th St. Greeley, CO (Location) during regular office hours. The public will be so informed by public notice. TECHNICAL ASSISTANCE The County (City, Town or County) will provide technical assistance to groups representative of persons of low and moderate income that request assistance in developing CDBG proposals. The level and type of assistance appropriate will be determined by the County (City, Town or County) based on its ability to provide or arrange for such assistance, the cost of providing such assistance and other relevant factors. 1 WRITTEN COMMENTS AND RESPONSES • The County (City, Town or County) will respond to written complaints and grievances in writing in a timely manner. When practicable, such written responses shall be made within fifteen (15) working days. gif,e cte September 20, 1989 Signature of Chief d Official Date NOTE 1: EACH MUNICIPALITY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI- JURISDICTIONAL APPLICATION IS REQUIRED TO HAVE A CITIZEN PARTICIPATION (CP) PLAN. NOTE 2: CITIZEN ADVISORY COMMITTEES ARE NOT REQUIRED. IF ONE IS PROPOSED HOWEVER, ITS ROLE AND COMPOSITION SHOULD BE INCLUDED IN THIS CP PLAN. 2 PUBLIC NOTICE AND NOTICE OF PUBLIC HEARING The County of Weld plans to submit Community Development Block Grant (CDBG) applications to the State of Colorado, Office of Economic Development. CDBG funds are intended to provide decent housing, suitable living environments and economic opportunities, principally for low and moderate income persons through rehabilitation and preservation, economic/job development and public facilities improvements. It is estimated that $7,632,200 will be available statewide for the 1989 "Small Cities" CDBG program. Approximately one-third of the appropriation will be available for economic development projects. The application being considered would request $50,000 for a loan to R & R Custom Woodworking, Inc. , and $200,000 for a loan to Denpak Building Products, Inc. It is estimated that approximately 51% of the funds would benefit low and moderate income persons. Permanent involuntary displacement of neighborhood persons or businesses is not anticipated. Should it later become necessary to consider such displacement, alternatives will be examined to minimize the displacement. If no feasible alternatives exist, required/reasonable benefits will be provided to those displaced to mitigate adverse effects and hardships. Any low and moderate income housing which is demolished or converted will be replaced. A public hearing will be held at 9:30 a.m. on Wednesday, September 20, 1989, at the Commissioners Meeting Room, 915 10th Street, Greeley, Colorado, to obtain citizen views and to respond to proposals and questions related to: - the proposed CDBG applications for loan programs to R & R Custom Woodworking, Inc. and Denpak Building Products, Inc. - community development and housing needs, including the needs of low and moderate income persons, as well as other needs in the community that might be addressed through the CDBG program. - the performance of Weld County in carrying out its community development responsibilities. Written comments are also welcome and must be received by September 19, 1989, at 915 10th Street, Greeley, Colorado, 80632. Oral and written comments will be considered in deciding whether to submit an application for the proposed project. Written summary information will be available at Room 319, 915 10th Street, Greeley, Colorado, on September 8, 1989, until September 20, 1989, on any CDBG applications as submitted to the state for public review at Room 319, 915 10th Street, Greeley, Colorado, after September 20, 1989. Information and records regarding the Weld County proposed and past use of CDBG funds is available at Room 319, 915 10th Street, Greeley, Colorado, during regular office hours. Advance notice is requested. Published: The New News, September 13, 1989 SUGGESTED FORMAT RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION ASSISTANCE PLAN for the Community Development Block Grant (CDBG) Program The County of Weld (City, Town or County) will replace all occupied and vacant occupiable low/moderate income dwelling units demolished or converted to a use other than as low/moderate income housing as a direct result of activities assisted with CDBG funds, as required by Section 104(d) of the Housing and Community Development Act of 1974, as amended (the Act), and implementing regulations at 24 CFR 570.496a. All replacement housing will be provided within three years of the commencement of the demolition or rehabilitation relating to conversion. Before obligating or expending funds that will directly result in such demolition or conversion, the County (City, Town or County) will make public and submit to the State the following information in writing: 1. Description of the proposed assisted activity; 2. The general location on a map and approximate number of dwelling units by size (number of bedrooms) that will be demolished or converted to a use other than as low/moderate dwelling units as a direct result of the assisted activity; 3. A time schedule for the commencement and completion of the demolition or conversion; , 4. The general location on a map and approximate number of dwelling units by size, (number of bedrooms) that will be provided as replacement dwelling units; 5. The source of funding and a time schedule for the provision of replacement dwelling units; and, 6. The basis for concluding that each replacement dwelling unit will remain a low/moderate income dwelling unit for at least 10 years from the date of initial occupancy. The County (City, Town or County) will provide relocation assistance, as described in 570.496a(b)(2), to each low/moderate income household displaced by the demolition of housing or by the conversion of a low/moderate income dwelling to another use as a direct result of assisted activities. Consistent with the goals and objectives of activities assisted under the Act, the County (City, Town or County) will take the steps indicated below to minimize the displacement of persons from their homes:* 1 X Provide substantial levels of relocation assistance, as required by 24 CFR 570.496a(b)(2). The substantial cost of providing such assistance serves as a strong deterrent to unnecessary displacement. X Replace all occupied and vacant occupiable low/moderate income housing demolished or converted as a direct result of CDBG-assisted project activities,and make such replacement housing affordable for at least ten years. The substantial cost of providing such replacement housing serves as a strong deterrent to unnecessary displacement. Consider all practical alternatives to any proposed project which may result in residential displacement. Alternatives to be considered include other sites for the proposed facilities/project. Also to be considered are the costs and benefits, both financial and nonfinancial, of each alternative. Provide counseling and referral services to assist displacees find alternative housing in the community. Work with area landlords and real estate brokers to locate vacancies for households facing displacement. * The following are examples of steps to minimize displacement. The others are optional. Only check those which are appropriate for the project and local circumstances. Add other steps as necessary or appropriate. Stage rehabilitation of assisted housing to allow tenants to remain during and after rehabilitation, working with empty buildings or groups of empty units first so they can be rehabilitated first and tenants moved in before rehab on occupied units or buildings is begun. Establish temporary relocation facilities in order to house families whose displacement will be of short duration, so they can move back to their neighborhoods after rehabilitation or new construction. Evaluate housing codes and rehabilitation standards in reinvestment areas to prevent their placing undue financial burden on long-established owners or on tenants of multi-family buildings. Develop displacement watch systems in cooperation with neighborhood organizations to continuously review neighborhood development trends,identify displacement problems,and identify individuals facing displacement who need assistance. 09/20/89 Signature of Chief Ele ed Official Date NOTE: (X)EACH MUNICIPALITY AND COUNTY DIRECTLY PARTICIPATING IN A MULTI-JURISDICTIONAL APPLICATION IS REQUIRED TO HAVE A RESIDENTIAL ANTIDISPLACEMENT AND RELOCATION PLAN. 2 ‘Itt i,, isrli DEPARTMENT OF FINANCE AND ADMINISTRATION PHONE(303)356-4000 EXT. 4218 P.O. BOX 758 GREELEY, COLORADO 80632 111 i p e COLORADO September 8, 1989 Sharon Bowers Office of Economic Development State of Colorado 1625 Broadway, Suite 1710 Denver, CO 80202 Dear Sharon: Enclosed please find the environmental impact study for the R&R Custom Woodworking grant application. If you have questions, please do not hesitate to contact me at 356-4000, extension 4218. Ve truly yours, Donald D. Warden, Director Finance and Administration DDW:vds enc MEMORAI1DU WineSharon Bowers To Office of Economic Developmentoare September 20. 1989 Donald D. Warden COLORADO From Director of Finance and Administration 1 14/ Subject Environmental Impact Study for R&R Custom Woodworking, Inc. This particular project consists exclusively of the rehabilitation of an existing structure for commercial use. R&R Woodworking, Inc. , is a manufacturer of architectural millwork products. Its present facility consists of three buildings totaling 13,000 square feet which the company has outgrown. R&R is in the process of purchasing the PEBCO building located at 401 17th Street. The previous owners used the building to rebuild car engines, but for the past year, it has been vacant. The proposed use by R&R Woodworking will be a less intense use. During a phone conversation with Myron Ekburg, HUD environmental specialist, on July 17, 1989, the applicant described the project for environmental clarification. Mr. Edburg indicated that the project would be categorically excluded/exempt under Federal Register 24 CFR Part 58 (Section 58.35 part 1-1, ii, iii) provided that during the completion of the statutory checklist, the project does not trigger any of the laws. The statutory checklist is attached to this file. After conducting the review, it was determined that none of the listed federal regulations were triggered. A finding of exemption was filed with the Department of Local Affairs (also attached) . CATEGORICALLY EXCLUDED PROJECTS ( AREAS OF COMPLIANCE WITH RELATED LAWS AND REGULATIONS Project Name and Project No. R&R Custom Woodworking, Inc. STATUTORY CHECKLIST Area of Statutory/ Regulatory Compliance /1Q////1I�,ff�� Reference to I Notes Providing lDocumenation Sourcesand Correspondence HSTCPoC PCFEFTTES * FLCCCRAN ~GEMENr Site not within floodplain. * See Floodrate Ma) 080-184-000 211 duly 16 1979 COSTAL AREAS PROTECTION NOT AFFLIMIR F IN I-w AND MANAGEMENT X PH3ICN VIII WATER DUALITY: Nor APRJCS F IN HJD SO* SCLRCE ACUFffU X PSI VD EACAN;ERED FECES Clearance letter tte from * Robert 1 ,51985. wLD Aras1c MSG Clearance letter from * Charles J. Hendricks, Anguct 1 1985 AIROUAUTY Se15 contained sawdust collectior * system used in every aspect of operation. Clearance memo. FAAMLAMDSPROTE;TICN Clearance letter from Ronald * D. Miller, September 13, 1985. NOISE No impact - project is not noise * sensitive usage (verification by phone-Myron Ekburq ERR Spec. PAJJNAY OFAA zChES: No impact. July 17 , 198c asa zCNES AND Acccear * Field observation, POTENTIALONES July 25, 1989 THERMALAND No impact - Field observation , EGLOSIVE HOZAFCIS * . July 25, 1989. City Fire Dept. has listing of all hazardous "Ptah a,0a's tat auuJIeC acacna haat Nmn mkt • sites within Urban Renewal Boundaries. 18 . (8)Interim assistance activities (I)The facilities and Improvements. (d)In the case of commercial and eligible under 24 CER 570.201(0(1),and acquired for continued use.are in place industrial rehabilitation activities activities eligible under 24 CFR and will be retained in the same use that (A)The facilities and improvements 570.201(0(2).570.432 and 571308 for existed at the time of acquisition, acquired for continued use are in place imminent threats to health and safety.if without change in size,capacity or and will be retained in the same use that the assisted activities do not alter character. existed at the time of acquisition environmental conditions and are for (ii)The facilities or improvements without change in size.capacity or temporary or permanent Improvements replace or upgrade existing facilities or character.or limited to protection.repair,or Improvements with only a minimal (B)(1)The facilities.improvements. restoration actions necessary only to change In use,size,capacity,or location equipment replace.modernize or control or arrest the effects of Imminent (e.g.,replacement of railroad spurs. upgrade existing facilities with only • threats or physical deterioration. water or sewer lines,reconstruction of curbs and sidewalks.repaving minimal change in the use.size.capacity (8)Public service grants authorized stree )' or location(e.g..replacement of access. under section 105(a)(8)of Title I and 01f)The facilities and improvements railroad spun water and sewer lines eligible under 24 CFR 570.201(e)but only an consistent with the use of that site and other site improvements}and do under the following circumstances: and the action will not change the use. not increase capacity or density by more (i)The grant is for the continuation of size.capacity,or character of the site percent:and ?than 20 the facilities. previous Title I assistance to (e.g..landscaping.street furniture,play ( 1 supplement eligible public services equipment for established parks and improvements and equipment are consistent with the allowed use of that being maintained by the recipient with playgrounds). site and do not involve change in land only minimal change by the recipient as * (2)Special projects directed to the use.such as from residential to to the level and type of services removal of material and architectural nonresidential.commercial to industrial. provided. bathers that restrict the mobility and or or from one industrial use to another.' (ii)The services affect only the social accessibility of elderly and handicapped or economic environment. persons as authorized by section (5)Combinations of the above (iii)The services would not result to 105(a)(51 of Tide i and 24 CFR 570.20100. activities. development of service facilities or physical improvements regardless of * (b)Environmental requirements other source of funds. (3)Public service grants which: than NEPA. Even though a project is (10)Any o:the categorical exclusions (I)Are for eligible public services not categorically excluded from NEPA listed in I 58.35(a)provided that there exempt under 1 58.34(•1(9):are provided requirements, a recipient must still are no circumstances which require for•new or increased level of service comply with the environmental compliance with any other Federal laws not previously supported by Title I requirements of the other related laws and authorities cited in 1 58.5. provided by the recipient in accordance and authorities cited at 158.5 .The with Section 105(a)of Title I and 24 CFR recipient must document its compliance * (b)A recipient does not have to 570201(e)(1), with these other requirements in the submit an RROF and certification,and (Ii)Affect only the social or economic wRR.When •recipient determines that no further approval from HUD or the environment and will not result in the they apply it shall submit for HUD(or State will be needed by the recipient.for development of service facilities or Sate,if applicable) approval, the the drawdown of Title I or Section 17 physical improvements regardless of certification and the RROF after funds to carry out exempt activities and sowce of funds. publication of the NOE/RROF required projects. However,the recipient must (iii)Are part of community in I 58.70.When the recipient document in writing its determination development and housing projects determines that the related authorities that each activity or project is exempt funded in part or In whole under Title I listed in n I 8 58.5 do not apply to a and meets the conditions specified for and consisting solely of activities categoricallyexcluded project. then the such exemption under this section. categorically excluded under this project may be exempt from any ROF Section or exempt under 1 58.34. requirements under this part. in ** g 5835 CategCategorrIcalyical • activities * (4)Rehabilitation of buildings and accordance with I S834(s)(10) and(b). (a)Categorical exclusions from NEPA improvements under Section 17.or requirements. Activities and projects under Title I as set forth in 24 CFR (c)Circumstances requiring NEPA which consist solely of the following 570.202 and 571.702.except renovation review. If a recipient determines that an kinds of activities are categorically activity or project identified in excluded from the NEPA re uirements of closed school buildings:however, of this Pan(see definition ice 40 CFR these activities are categorically paragraph(a)of this section.because of excluded only when the following spenfic circumstances and conditions 1508.4): which exist at the location of the 1 Acquisition.mnstrveon, conditions are met ( ) 9 activity or project,may have a reconstruction.tion.rehabilitation,or significant environmental effect,it shall installation of public dr and (I)In the ens ofty residis in rl buiase •dfngr' comply with the NEPA requirements of improvements eligible under 24 CFR (A)Unit density is not increased coon this pert. 570.201(c)end 571.201(c)including base than 20 percent: activities carried out as part of an (H1 The project does not involve 1 R34 Environmental assessments. economic development project in changes in land use from rasidential to If a project Is not exempt or conjunction with the special economic nonresidential or from nonresidential to categorically excluded under I 158.34 development activities eligible under 24 residential or from one class of and 58.35.the recipient must prepare an CFR 570.203.Such activities are residential to another(for example.from Ea in accordance with Subpart F. If it is categorically excluded from the NEPA single family attached dwellings to high- evident without preparing an EA that an requirements only In the following rise multiple dwelling units):and EIS is required pursuant to the circumstances: (Cl The estimated cost of requirements of 158.37.the recipient rehabilitation is less than 75 percent of should proceed directly to an EIS. the total estimated coat of replacement •her rehabilitation. 6 III-0-7 Finding of EXEMPTION It is the finding of the City of Greeley, Colorado, that the following activities approved for funding under the State- administered CDBG program are exempt from environmental requirements of NEPA and the environmental requirements of related federal authorities, in that the activities are defined as exempt under Section 58.34 of the Environmental Review Procedures for Title I Community Development Block Grant Program. This project involves the relocation of the architectural millwork operations of R&R Custom Woodworking, Inc. , from Pierce, Colorado, to Greeley, Colorado. The move includes the purchase and renovation of an existing building located at 401 17th Street, Greeley, and additional equipment as part of a significant expansion. Date Environmental Certifying Officer United States Department of the Interior 1g8 $ FISH AND WILDLIFE SERVICE ^-W,. ENDANGERED SPECIES OFFICE , . a,, 551 25!i ROAD INDEPENDENCE PLAZA SUITE B-115 IN REPLY REFER TO: • GRAND JUNCTION. COLORADO 81505 TELEPHONE: 303..241-0563 August 13, 1985 Ms. Terrie McKellar Planner 1 Greeley Civic Center Greeley, Colorado 80631 Dear Ms. McKellar: This responds to your July 25, 1985 letter regarding the Community Development Block Grant for the City of Greeley, Colorado. No Federal species proposed or currently listed as threatened or endangered are known to occur in the area of the proposed activity. We appreciate your interest in conserving threatened and endangered species. Sincerely, 724‘41-k— Robert P. Smith Project Leader cc: SE/SLC AFA/SE/Denver, Wathen Official file Reading file HELeechman: klm:08/13/85 - = United States Department of the Interior friAiS4R FISH AND WILDLIFE SERVICE COLORADO FIELD OFFICE 730 SIMMS STREET re ROOM 292 • GOLDEN,COLORADO 90401 IN IMPLY RESL1 TO: • August 9 , 1985 Ms . Terrie McKellar Planning Division City of Greeley Greeley Civic Center • Greeley , CO 80631 Dear Ms. McKellar : At Your request . I have enclosed wetland maps for the Bracewell , Greeley and Kersey quads which appear to encompass your study area. These maps , developed by our National Wetlands Inventory Team , should identify any maior wetlands . The map key in addition to the enclosed publication should make meaningful interpretation possible. Althouah these maps show wetlands identifiable from aerial photointerpretation at the time they were taken; they do not depict floodplains ( important for E. 0, . 11988 ) and may miss otherwise significant wetlands which due to photo conditions or recent development did not allow identification. i For these reasons , we would recommend that you additionally screen any proposed protects against a floodplain map. Areas that appear to have wetland potential should be field evaluated for wetland/floodplain values before any advanced planning is conducted. We sincerely appreciate your interest and concern expressed by your inclusion of wetland concerns into your planning activities . Please see that' Mr. Stephen Hill is advised as to the maps availability. If there are any questions , please feel free to call me at 236-2675 or Mr. Ken Huntington of our wetland staff at 236-8180. Sincerely, c >ernolial:)5_ L. Ronel Finley Enclosures ( 5) United States Soil 4302 West 9th St . Rd . Department of Conservation Greeley , Colorado Agriculture Service 80634 Terris McKellar , Planner I City of Greeley Greeley Civic Center Greeley , CO 80631 September 13 , 1985 Ms . McKellar : I have reviewed your request of August 15 , 1985 in regards to the Farmland Protection Policy Act ( FPPA) affect on the Community Block Grant funds in the Downtown Urban Renewal Area Fifteen — Block Tax Increment District and the 8th Street Corridor . First of all , the term " farmland" as used in the FPPA is defined as prime farmland , unique farmland , and farmland that is of statewide or local importance as determined by an appropriate state or local government agency and that the state conservationist determines should be considered as farmland . It does not include land already in or committed to urban development or water storage . Prime farmland "already in urban development " includes all farmland as defined in the act with an existing density of 30 structures per 40 acre area . Prime farmland "committed to urban development " includes all such land that has been designated for commercial or industrial use or residental use that is not intended at the same time to protect farmland in a ( 1 ) zoning code or ordinanace adapted by a state or unit of local government or ( 2 ) a comprehansive land use plan which has expressly been either adopted or reviewed in its entirety by the unit of local government in whose jurisdiction it is operative within 10 years preceeding the proposed project or action . The intent expressed in the zoning code or ordinance or in a comprehensive plan will then determine whether land proposed for conversion is covered by the Act . ( 1 ) Prime Farmland zoned or planned for industrial or commercial uses is not covered by the Act . ( 2 ) Prime Farmland zoned or planned for residential uses , where the intent expressed in the zoning ordinance or code or in the comprehensive plan is to prohibit agricultural uses , is not covered by the Act . ( 3 ) Prime Farmland zoned or planned for residental uses where the ordinance , code or plan protects or permits agricultural uses is covered by the Act . • — z — ( 4 ) "Agricultural Uses" shall be those uses commonaly considered agricultural in each state . Therefore , my interpretation of your request is that the land involved is not covered by the Act as it is land already in urban development . Furthermore , as stated in the policy and procedures for implementing FFPA, requests for farmland determination and land evaluation information will be made to the Soil Conservation Service field office serving the proposed project by the Federal agency involved . I , therefore , feel that the City of Greeley does not need to make a request for determination of farmlands but it should be the responsibility of the Federal agency that is granting funds for the intended project . I hope this will help to shed some light on the place where FPPA will be in affect and help to alleviate some concern on your part . If you have any further questions or any other areas of concern that I can be of help , please , feel free to contact me . ely , Ronald 0. Miller District Conservationist USDA-SCS Greeley Field Office RDM: kep • (S) ll taA gt to Eoregt ocky 1117 8th Awe pgdartmiX of SerVICe AounTain Box 3,Y27 Agriculture Region Lakewood, CO BCD Reply to: 2540 Dates August 6, 1985 --Terris, McKellar, Planner I 'City of Greeley Greeley Civic Center \ Greeley, CO 80631 . Dear Terries The Wild and Scenic River Study of the Cache Is Poudre River was mandated by Congress in Public Law 93-621 , January 3, 1975, an Amendment to the Wild and Scenic Rivers Act, Public Law 90-542, of October 2, 1968. The Amendment (PL 93-621 ) defined the study area as follows: "(31 ) Cache la Poudre, Colorado: Both forks from their sources to their confluence, thence the Cache la Poudre to the eastern bound- ary of Roosevelt National Forest." ' • - As a result of the study President Reagan, on April 26, 1985, submitted a proposal to the Congress which recommended that portions of the study area outlined above be included In the National Wild and Scenic Rivers System. Please note that the lower or eastern end of the study area was the boundary of the Roosevelt National Forest. This point is approximately 35 Zit miles from the Cit9 of Greeley. It is, therefore, many more river miles from the end of the study area to Greeley. Due to the distance between the study area and the City of Greeley, we feel , that a one-time generic assessment of the relationship between any potential Wild and Scenic designation of the study segment of the river and any potential Community Development Block Grant Program related to Greeley indicates that there is none. We hope this information satisfies your needs. Sinter y, ,CHARLES J. HEi'DRICKS Jo/Director, Watershed, Soils, and Minerals Area Management RJM:as UPS PFPfRT OF A GEOENV!RONMENTAL INVESTIGATION FOR EXISTING PROPERTY 401 SOUTH 17TH STREET GREELEY, COLORADO CORNERSTONE BUILDERS, INC. GREELEY, COLORADO PROJECT NO. 7970-89 BY EMPIRE LABORATORIES, INC. 301 NORTH HOWES STREET FORT COLLINS, COLORADO 80521 TABLE OF CONTENTS Table of Contents Letter of Transmittal ii Report 1 Appendix A A-1 Test Boring Location Plan A-2 Key to Borings A-3 Log of Borings A-4 Vicinity Map A-5 Appendix B B-1 Summary of Test Results B-2 Empire Laboratories, Inc. CORPORATE OFFICE PO Box 503 a 13031484-0359 GEOTECHNICAL ENGINEERING & MATERIALS TESTING 301 No.Howes a Fan Collins.Colorado 80522 N1ay 1 , 1nR9 Cornerstone Builders, Inc. 2505 1st Avenue Greeley, Colorado 80631 Attention: Mr. Michael Shoulders, President Gentlemen: We are pleased to submit our Report of a Geoenvironmental Investigation prepared for the existing metal building located on 17th Street in southeast Greeley, Colorado. The accompanying report presents our findings at the site. Very truly yours, c TT_ EMPIRE LABORATORIES, INC, r '.c) 2 , %t'g " :// ...7.:.:..... ,-, .:.:......,1 he ror��d� Senior Engineering Geologist Reviewed by: _�� 'otiliiititikalhester C. i 5ZER C s" 4 Z.r�GlsrE,q ij, Chester C. Smith, P.E. Oft F4 Z President :o = cic oy 4$Q$ •` c/ - Is Branch Offices k r. P.O.Box 16859 P.O.Box 1135 P.O.Box 1744 P.O.Box 5659 f -- Colorado Springs,Co 80935 Longmont CO 60502 Greeley,CO 80632 Cheyenne WY 82003 j,/O (7191587.2116 13031776.3921 13031351-0460 (307)632-9224 • 4 Member of Consulting Engineers Council REPORT OF A GEOENVIRONMENTAL INVESTIGATION SCOPE This report presents the results of a geoenvironmental investigation conducted for the existing building located in southeast Greeley, Colorado. The investigation included test borings and testing of the borings and samples with a trace gas analyzer. The objective of this study was to obtain relative concentrations of potential hazardous materials in the test borings. SITE EXPLORATION The field exploration, carried out on April 24, 1989, consisted of drilling, logging, and sampling three (3) test borings. The test borings were located by Empire Laboratories, Inc. from existing building corners using conventional chaining methods. The locations of the test borings are shown on the Test Boring Location Plan included in Appendix A of this report. Boring logs prepared from the field logs are shown in Appendix A. These logs show soils encountered, location of sampling, and ground water at the time of the exploration. Samples from the test borings were taken at varying intervals with a split-spoon sampler. The sampler was decontaminated between each use. Concentrations of benzene were measured in each test boring and for each sample obtained using an HNU Model PI-101 trace gas analyzer. The borings were advanced with a three and one-quarter (3-1 /4) inch I.D. , continuous-type, power-flight hollow stem auger drill. During the drilling operations, a geotechnical engineer from Empire Laboratories, Inc. was present and made continuous observations of the soils encountered. -1- SITE LOCATION AND DESCRIPTION The site is located at 401 South 17th Street, Greeley, Colorado. More particularly, the site is described as a tract of land situate in the Southeast 1 /4 of Section 8, Township 5 North, Range 65 West of the Sixth P.M. , City of Greeley, Weld County, Colorado. An existing 130'x210' metal manufacturing building occupies the site. A loading dock is located on the south side of the building. A concrete drive slopes down to the building from 17th Street to the loading dock. Asphalt paved parking areas and drives surround the building. A fenced area is located adjacent to the west side of the building. A vacant field vegetated with grass and weeds is located north of the building. West of the building is a gravel drive area and a large grain storage and handling facility. East of the property is a residential area, and to the south on 17th Street is an existing storage warehouse. South of the storage facility along 18th Street are agricultural products and chemical facilities. West of the grain handling facility are the Union Pacific Railroad tracks. The area is relatively flat and has poor to minor drainage to the east. OBJECTIVES The objectives of this study were to determine the soil and ground water profile at the site, determine the hydrologic gradient at the site, and determine concentrations of benzene in the test borings and samples obtained from the test borings using an HNU trace gas analyzer. This investigation does not include a study of possible asbestos or radon gas concentrations in the existing building at the site. SOIL AND GROUND WATER CONDITIONS The soil profile at the site consists of strata of materials arranged in different combinations. In order of increasing depths, they are as follows: -2- (1 ) Existing Pavement: One and one-half (1-1 /2) to two (2) inches of asphalt underlain by four and one-half (4-1 /2) to five and one-half (5-1 /2) inches of gravel base course were encountered at the surface of Borings 1 and 2, drilled through the existing asphalt pavement at the site. (2) Fill Material: A one (1 ) to five (5) foot layer of fill material was encountered below the pavement in Borings 1 and 2 and at the surface in Boring 3. The fill consists of a heterogeneous mixture of silty clay, sandy silty clay and varying amounts of sand and gravel. (3) Sandy Silty Clay: This stratum underlies the fill in Borings 2 and 3 and extends to depths of eight (8) to ten and one-half (10-1 /2) feet below the surface. A lower layer of sandy silty clay was encountered in Boring 1 below the upper subsoils at a depth of sixteen (16) feet below the surface and extends beyond the depths explored. The silty clay is plastic, contains varying amounts of sand and is damp to saturated in its in situ condition. (4) Silty Sand: A layer of silty sand was encountered below the fill in Boring 1 and below the clay in Boring 2 and extends to depths of nine (9) to eleven (11) feet below the surface. The sand is poorly graded, contains varying amounts of silt, is loose to medium dense and is damp to moist in situ. (5) Sand and Gravel: A layer of clean to slightly silty sand varying to a sand and gravel containing cobbles was encountered in Borings 1 , 2 and 3 at depths of nine (9) to eleven (11) feet below the surface and extends to the depths explored and/or the sandy clayey silt stratum below. The granular stratum varies from a clean slightly silty sand to a sand and gravel. The sand and gravel contains cobbles in Boring 2. The cobbles within the gravel stratum range in size -3- up to two (2) to three (3) inches in diameter. The sand and gravel is loose to medium dense. (6) Sandy Clayey Silt: The silt stratum was encountered in Boring 2 at a depth of eighteen and one-half (18-1 /2) feet below the surface and extends beyond the depths explored. The silt contains varying amounts of sand and/or clay, is slightly plastic, and is moist to near-saturated. (7) Ground Water: At the time of initial drilling, free ground water was encountered in the borings at the site at depths sixteen and one-half (16-1 /2) to seventeen and one-half (17-1 /2) feet below the surface. Twenty-four hours after drilling, the three borings had caved at a depth of thirteen and one-half (13-1 /2) feet below the surface. Water levels in this area are subject to change due to seasonal variations. GEOLOGY The proposed site is located within the Colorado Piedmont section of the Great Plains physiographic province. The Colorado Piedmont, formed during Late Tertiary and Early Quaternary time (approximately sixty-five million (65,000,000) years ago) , is a broad, erosional trench which separates the Southern Rocky Mountains from the High Plains. Structurally, the property lies along the western flank of the Denver Basin. During the Late Mesozoic and Early Cenozoic Periods (approximately seventy million (70,000,000) years ago) , intense tectonic activity occurred, causing the uplifting of the Front Range and the associated downwarping of the Denver Basin to the east. Relatively flat uplands and broad valleys characterize the present-day topography of the Colorado Piedmont in this region. The site is underlain by alluvial sands, sands and gravels and clays of Pleistocene and/or Recent Age. The property lies within the drainage basins of both the Cache La Poudre and South Platte Rivers and is located west of the confluence of -4- these two streams. Ground water flow in the area is anticipated to be to the east. SITE HISTORY It is our understanding that the existing building has not been occupied for approximately two years. The building was previously occupied by Hesco Manufacturing which rebuilt automobile engines. Hesco purchased the building from the Gurnsey 6 Wheeler Company who built the facility. SITE RECONNAISSANCE Several small signs were noted on the fence located adjacent to the northwest corner of the building. These signs read waste petroleum, asbestos and floor sludge. Within this fenced area, the ground appears saturated with petroleum products. The site is served by overhead power, and transformers were noted on power poles on and adjacent to the property. United Agri-Products and Platte Chemical Company buildings are located south of the site. The addresses of these companies are 419 and 422 18th Street. An above ground tank surrounded by a concrete wall was observed on the property to the south. There is a sign on the tank reading "Danger Hazardous Waste Material". Also, a large quantity of 55-gallon drums were stacked on the United Agri-Products Company property. It is not known whether these drums are full or what they may contain. A review of the records of the Greeley Fire Department and contact with Captain Doug Round indicate that there are records of one underground storage tank in the area. There is a 8000 gallon underground fuel storage tank located at 423 18th Street at the United Agri-Products facility. There is no record of any leakage from this tank. The Greeley Fire Department has no record of underground storage tanks on the subject property or on other adjacent properties. An underground storage tank may exist west of the railroad tracks on a vacant property north of 18th Street. It appears that a service station and food store previously occupied the -5- site. An agricultural facility is located northwest of the building. Here, several hoppers housed in a metal building are used to store and load grain . Residential areas are located directly to the east. East of the residential areas are commercial and industrial buildings located along Highway 85. These include several service stations and farm implement dealerships. A large co-generation plant is located along the east side of the railroad tracks south of 18th Street, southwest of the property. A storage facility called Campus Storage is located to the west of the property, west of the Union Pacific Railroad tracks. The property is located between the Cache La Poudre and South Platte Rivers, which join east of the site. The limited borings drilled at the site do not give a clear indication of the hydrologic gradient of the property. It is our opinion that the ground water flow in the area is to the east-southeast. Contamination from adjacent properties due to ground water would probably come from the west or possibly the southwest. It is our opinion that the possibility exists that there may be some contamination from hazardous material on the site from the previous use of the property. The potential also exists for contamination of ground water below the site from existing underground tanks to the southwest and from the agricultural and chemical facilities south of the property. Further investigations may be required to determine the potential for hazardous materials at the site. Additional test borings and chemical tests run on samples of ground water and soil samples obtained from these borings may be required to determine if hazardous material exists at the site. A Vicinity Map showing the locations of the surrounding underground storage tanks and adjacent building discussed in this report is included in Appendix A. Discussion of Test Results Readings taken with an HNU Model PI-101 trace gas analyzer indicate little or no evidence of benzene contamination in the water and soil samples obtained at the site. The trace gas analyzer gives only an indication of potential contamination, and laboratory tests may be required to more accurately determine the potential for hazardous -6- materials at the site. Based on the HNU trace gas analyzer readings, there appears to be no contamination in the soil and ground water in the areas tested from previous industrial uses or from underground storage tanks adjacent to the site. Testing and/or removal of the oil saturated soils noted at the northwest corner of the building may be warranted. it should be noted as stated above this report does not include a study of possible asbestos or radon gas concentrations in the existing building_ at the site. GENERAL COMMENTS Every effort was made to provide comprehensive site coverage through careful location of test borings while keeping the site investigation economically feasible. Variations in soil and ground water conditions and contaminations may be encountered in the test borings and may occur in the future. Readings made using an HNU trace gas analyzer are only an indication of relative concentrations of benzene contamination. -7- APPENDIX A. TEST BORING LOCATION PLAN \\I" ,„...\ , NNe.2 ASI°I4AL.T ) V-S-ItnI4Gt b WII-lc* S 43 t H.r?oP of rLA1 Q . \$ofKnit elztee,•8S (---AS PUAL.t- ) L° „c, E-- Asrw.T SP? nom) xxlstlIJ4 Iautuo 14 ,:-%\ . l- (oo . A-2 • KEY TO BORING LC r�r 1, TOPSOIL �•�• GRAVEL f_M FILL MI SAND& GRAVEL OlosOW •is FE SILT SILTY SAND&GRAVEL Kee CLAYEY SILT o COBBLES • • •• SANDY SILT • SAND,GRAVEL& COBBLES ro CLAY WEATHERED BEDROCK 4 SILTY CLAY __ SILTSTONE BEDROCK aSANDY CLAY CLAYSTONE BEDROCK isSAND • • • SANDSTONE BEDROCK ."•�.'• SILTY SAND me LIMESTONE i. .. ■in■ CLAYEY SAND i..em GRANITE ii SANDY SILTY CLAY ■ ASPHALT 1 A.:A SHELBY TUBE SAMPLE .lcl BASE COURSE tiSTANDARD PENETRATION DRIVE SAMPLER WATER TABLE 0 HOURS AFTER DRILLING ___C_ HOLE CAVED T 5/12 Indicates that 5 blows of a 140 pound hemmer falling 30 inches was required to penetrate 12 Inches. A-3 '' II LOG OF 'MOWS v,M1o4 No• I Oat W }J • • 4650 19/12 = ___�p_. 8/12 r7/12 ! . 9/12 �' 6/12 • 10/12 Ve 4645 5/12 7/12 - 13/12 -��'�J: , �• 5/17 '�•), 8/12 � '� 8/12 - • ' 17/12 R Iv- 11/12,''•• l = `. ,', 4640 7/12 _ ' ' ✓'� 15/12 _ • • • 5/12 =/` . 10/12 .•1 17/12 e�" 35/12 '' 4635 • '• '� b 8/12 s'�•e. K3_'.• 4/17 = a •: 9/12 ar, 10/12 13/12 *•.A 0 15/1.2. • - ./ _ .•4630 3/12 . .•/ f.•% : : 3/12 '' • 3/12 18/12 •X 3/12 ••••• 27/12 .. ^' 4625 TBII, top of plate 0 center line of door, elevation = 4649.85' . A-4 • •"^ r I 't1.. e i. . ..„-.....,1 -7„-- ‘,--t, ..--4,j° p rr • - �Sewa a . / - -,�' • Alit r -,tTj & ••, f • t • ' t,jf • . , ! ', 4. .. , : . 1 , 1 .1 ‘ir.ib a:11 •• jj L----- 46 6 tor qfr, ,tor rtl •' t r 'Nil Jeff E, 1• • ) ''_ ' Ra . T . • . '` 'l . r -- • - - ' o a Jr i . +� ' t - -_ - C i ` i �0 ; B7 :1J: • ,•�' ; t;:i; sT � • — >5 I. 2: --\ . •, . 4I CI-rE-• •,•3: . .•• •• t, dist • • •� I a .: • . ■•. la \•01%) � _•f Y •.� d . o Cr c) \.... • i\ et 1 liaitei �� f° ,i • _ N....._„\41. . 46491l' td_ a. 1 1 �' I • i I I • lici i 2 i t4 . •%3 . ) til. --- uouu 1 • • •I i p ,,,,t • 11 — — -- ! j •I as ) _ �I / a� Vitiu , M 1 United Agri-Products & Platte Chemical • 2 Possible underground fuel tank SGkI,r:: ILIc • A-5 EMPIRE LABORATORIES. INC. APPENDIX B. SUMMARY OF TEST RESULTS Benzene concentrations from the surface of the test borings after drilling by HNU PI-101 trace gas analyzer Boring No. Reading ppm 1 0.1 2 0.1 3 0.0 Benzene concentrations from test boring samples by HNU PI-101 trace gas analyzer Boring No. Depth (ft. ) Reading ppm 1 0.5 0.2 5.0 0.1 10.0 0.0 15.0 0.0 20.0 0.0 2 0.5 0.3 2.5 0.0 5.0 0.0 10.0 0.1 15.0 0.0 • 20.0 0.0 3 0.0 0.1 5.0 0.0 10.0 0.0 15.0 0.0 20.0 0.0 B-2 DEPARTMENT OR AGENCY NUMBER Form 6-AC-021(R 5/85) 2 ,,1._LJ1 /Vs CDBG • tt'M '•Un NUMBE' CONTRACT THIS CONTRACT, made th•is o2.j day of ' s iC—t 1989 by and between the State of Colorado for the use and benefit of the Department of Local Affairs, 1313 Sherman Street, Denver, Colorado 80203, hereinafter referred to as the State, and Weld County, hereinafter referred to as the Contractor. WHEREAS, authority exists in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment t Fund Number //IC// G/L Account Number .67g?7 Contract Encumbrance Number ; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the United States Government, through the Housing and Community Development Act of 1974 ("the Act"), Pub. L. No. 93-383, as amended, has established a Community Development Block Grant ("CDBG") program and has allowed each state to elect to administer such federal funds for its nonentitlement areas, subject to certain conditions, including a requirement that the state's program give maximum feasible priority to activities which will benefit low- and moderate-income families or aid in the prevention or elimination of slums or blight; the state's program may also include activities designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. Additionally, the state's program is subject to a federal requirement that not less than sixty percent (60%) of the aggregate amount of CDBG funds received by the state shall be used for the support of activities that benefit persons of low- and moderate-income; and WHEREAS, the State of Colorado has elected to administer such federal funds for its nonentitlement areas through the Colorado Department of Local Affairs ("Department"), Division of Local Government, Division of Commerce and Development and Division of Housing, pursuant to C.R.S. 1973, 24-32-106O) (d), 24-32-304(2) (j) and 24-32-705(1) (i); and WHEREAS, the Department has received applications from political subdivisions in Colorado for allocations from the federal CDBG funds available to Colorado; and WHEREAS, the Contractor is one of the eligible political subdivisions to receive CDBG funds; and WHEREAS, the Department has approved the proposed Project of the Contractor; NOW THEREFORE it is hereby agreed that: 1. Scope of Services. In consideration for the monies to be received from the State, the Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the State, all work elements as indicated in the "Scope of Service," set forth in Exhibit A, which is attached hereto and is incorporated herein by reference, and is hereinafter referred to as the "Project." Work performed prior to the execution of this Contract shall not be considered part of this Project. Page 1 of 15 Pages 2. Responsible Administrator. The performance of the services required hereunder shall be under the direct supervision of Don Warden, an employee or agent of Contractor, who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignment. 3. Time of Performance. This Contract shall become effective upon proper execution by the State Controller of this Contract. The Project contemplated herein shall commence as soon as practicable after the execution of this Contract and shall be undertaken and performed in the sequence set forth in the attached Scope of Services. The Contractor agrees that time is of the essence in the performance of its obligations under this Contract, and that completion of the Project shall occur no later than the termination date set forth in the Scope of Services. 4. Eligibility and National Objectives. All project activities shall be eligible under Section 105 of the Act, as amended, and all related regulations and requirements. Furthermore, project activities shall meet the following indicated (with an "X") broad national objective(s), as set forth in Section 104(b)(3) of the Act, as amended, and all related regulations and requirements: X Benefit persons of low and moderate income; Prevent or eliminate slums or blight; Meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. 5. Obligation, Expenditure and Disbursement of Funds. a) Prior Expenses. Expenses incurred by the Contractor in association with said Project prior to execution of this Contract are not eligible CDBG expenditures and shall not be reimbursed by the State. b) Environmental Review Procedures. Funds shall not be obligated or utilized for any activities requiring a release of funds by the State under the Environmental Review Procedures for the CDBG program at 24 CFR Part 58 until such release is issued in writing. Administrative costs, reasonable engineering and design costs, and costs of other exempt activities identified in 24 CFR 58.34 (a)(1) through (8) do not require a release of funds by the State. For categorically excluded activities listed in 58.35 (a) determined to be exempt because there are no circumstances which require compliance with any other Federal laws and authorities cited at 58.5, the Contractor must make and document such a determination of exemption prior to incurring costs for such activities. c) Community Development Plan Requirement. Prior to receiving disbursements of CDBG funds from the State, the Contractor shall identify its community development and housing needs, including the needs of low- and moderate-income persons, and the activities to be undertaken to meet such needs. 6. Definition of Low-and Moderate-Income Persons. Low-income and moderate-income persons are defined, for the purposes of this contract, as those persons who are members of low-income and moderate-income families as set forth in the Exhibit B, which is attached hereto and in incorporated herein by reference, or as subsequently promulgated in writing by the State. Page 2 of 15 Pages 7. Citizen Participat. .. The Contractor shall provide citize.. with reasonable notice of, and opportunity to comment on, any substantial change proposed to be made in the use of CDBG funds from one eligible activity to another by following the same citizen participation procedures required for the preparation and submission of its CDBG application to the State. The Contractor shall also comply with the procedure set forth herein regarding the modification and amendment of this Contract. Additionally, the Contractor shall have and follow a Citizen Participation Plan which includes the six elements specified in Section 104(a)(3) the Act. The Citizen Participation Plan must include a provision for at least one public hearing during the course of the Project to allow citizens to review and comment on the Contractor's performance in carrying out the Project. 8. Residential Antidisplacement and Relocation Assistance Plan. The Contractor shall follow a residential antidisplacement and relocation assistance plan which, should displacement occur, provide that: a) governmental agencies or private developers shall provide within the same community comparable replacement dwellings for the same number of occupants as could have been housed in the occupied and vacant occupiable low and moderate income dwelling units demolished or converted to a use other than for housing for low and moderate income persons, and provide that such replacement housing may include existing housing assisted with project based assistance provided under Section 8 of the United States Housing Act of 1939; b) such comparable replacement dwellings shall be designed to remain affordable to persons of low and moderate income for ten (10) years from the time of initial occupancy; c) relocation benefits shall be provided for all low or moderate income persons who occupied housing demolished or converted to a use other than for low or moderate income housing, including reimbursement for actual and reasonable moving expenses, security deposits, credit checks, and other moving-related expenses, including any interim living costs; and, in the case of displaced persons of low and moderate income, provide either: i) compensation sufficient to ensure that, for a 5-year period, the displaced families shall not bear, after relocation, a ratio of shelter costs to income that exceeds 30 percent; or ii) if elected by a family, a lump-sum payment equal to the capitalized value of the benefits available under subclause (i) to permit the household to secure participation in a housing cooperative or mutual housing association; d) Persons displaced shall be relocated into comparable replacement housing that is: i) decent, safe, and sanitary; ii) adequate in size to accommodate the occupants; iii) functional equivalent; and, iv) in an area not subject to unreasonably adverse environmental conditions. Persons displaced shall have the right to elect, as an alternative to the benefits under this paragraph to receive benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of Page 3 of 15 Pages 1970, as amended, if such pes as determine that it is in their best int, :st to do so; and, where a claim for assistance under subparagraph(d) is denied by the Contractor, the claimant may appeal to the State, and that the decision of the State shall be final unless a court determines the decision was arbitrary and capricious. The Contractor shall follow the Residential Antidisplacement and Relocation Assistance Plan except that paragraphs a) and b) shall not apply in an case in which the Secretary of the U.S. Department of Housing and Urban Development finds, on the basis of objective data, that there is available in the area an adequate supply of habitable affordable housing for low and moderate income persons. A determination under this paragraph is final and nonreviewable. 9. Affirmatively Furthering Fair Housing. The Contractor shall affirmatively further fair housing in addition to conducting and administering its Project in conformity with the equal opportunity requirements of Tide VI of the Civil Rights Act of 1964 and Tide VIII of the Civil Rights Act of 1968, as required herein. 10. Recovery of Capital Costs of Public Improvements. The Contractor shall not attempt to recover any capital costs of public improvements assisted in whole or part with CDBG funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless: a) CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than the CDBG program, or b) for the purposes of assessing any amount against properties owned and occupied by persons of moderate income who are not persons of low income, it certifies that it lacks sufficient CDBG funds to comply with the requirements of subparagraph (a) hereinabove. 11. Compensation and Method of Payment. The State agrees to pay to the Contractor, in consideration for the work and services to be performed, a total amount not to exceed Two Hundred Fifty Seven Thousand Dollars ($257,000.00). The method and time of payment shall be made in accordance with the "Payment Method" set forth herein. 12. Financial Management. At all dines from the effective date of this Contract until completion of this Contract, the Contractor shall comply with the administrative requirements, cost principles and other requirements set forth in the Financial Management section of the CDBG Grantee Handbook, hereinafter referred to as the "Financial Management Requirements". 13. Payment Method. Unless otherwise provided in the Scope of Services: a) the Contractor shall periodically initiate all drawdown requests by submitting to the Department a written request using the State-provided form, for reimbursement of actual and proper expenditures of State CDBG funds plus an estimation of funds needed for a reasonable length of time. b) The State may withhold any payment if the Contractor has failed to comply with the Financial Management Requirements, program objectives, contractual terms, or reporting requirements. c) The State will withhold payment of the final five (5) percent of the total contract amount until the Contractor has submitted and the Department has accepted all required quarterly Financial Page 4 of 15 Pages Status Report and Performanc .3eport information. 14. Audit. a) Discretionary Audit. The State, through the Executive Director of the Department, the State Auditor, or any of their duly authorized representatives, including an independent Certified Public Accountant of the State's choosing, or the federal government or any of its properly delegated or authorized representatives shall have the right to inspect, examine, and audit the Contractor's (and any subcontractor's) records, books, accounts and other relevant documents. Such discretionary audit may be requested at any time and for any reason from the effective date of this Contract until five (5) years after the date final payment for this Project is received by the Contractor, provided that the audit is performed during normal business hours. b) Mandatory Audit. Whether or not the State calls for a discretionary audit as provided above, the Contractor shall include the Project in an annual audit report as required by the Colorado Local Government Audit Law, C.R.S. 1973, 29-1-601, et s_c_q and the Single Audit Act of 1984, Pub. L. 98-502, and federal and State implementing rules and regulations. Such audit reports shall be simultaneously submitted to the Department and the State Auditor. Thereafter, the Contractor shall supply the Department with copies of all correspondence from the State Auditor related to the relevant audit report. If the audit reveals evidence of non-compliance with applicable requirements, the Department reserves the right to institute compliance or other appropriate proceedings notwithstanding any other judicial or administrative actions filed pursuant to C.R.S. 1973, 29-1-607 or 29-1-608. 15. Contractor. An Independent Contractor. Contractor shall be an independent contractor and shall have no authorization, express or implied, to bind the State to any agreements, settlements, liability or understanding except as expressly set forth herein. 16. Personnel. The Contractor represents that it has, or will secure at its own expense, unless otherwise stated in the Scope of Services, all personnel, as employees of the Contractor, necessary to perform the work and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual relationship with the State. All of the services required hereunder will be performed by the Contractor or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. 17. Contract Suspension. If the Contractor fails to comply with any contractual provision, the State may, after notice to the Contractor, suspend the contract and withhold further payments or prohibit the Contractor from incurring additional obligations of contractual funds, pending corrective action by the Contractor or a decision to terminate in accordance with provisions herein. The State may determine to allow such necessary and proper costs which the Contractor could not reasonably avoid during the period of suspension provided such costs were necessary and reasonable for the conduct of the project. 18. Contract Termination. This contract may be terminated as follows: a) Termination Due to Loss of Funding. The parties hereto expressly recognize that the Contractor is to be paid, reimbursed, or otherwise compensated with federal CDBG funds provided to the State for the purpose of contracting for the services provided for herein or with program income, and therefore, the Contractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State may immediately terminate or amend this Contract. Page 5 of 15 Pages b) Termination for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. c) Termination for Convenience. The State may terminate this Contract at any time the State determines that the purposes of the distribution of State CDBG monies under the Contract would no longer be served by completion of the Project. The State shall effect such termination by giving written notice of termination to the Contractor and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in subparagraph b above shall, at the option of the State, become its property. If the Contract is terminated by the State as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of the Contractor covered by this Contract, less payments of compensation previously made: Provided, however, that if less than sixty percent (60%) of the services covered by this Contract have been performed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Paragraph 18b hereof relative to termination shall apply. 19. Modification and Amendment. a) Modification by Operation of Law. This Contract is subject to such modifications as may be required by changes in federal or state law or regulations. Any such required modification shall be incorporated into and be part of this Contract as if fully set forth herein. b) Programmatic or Budgetary Modifications. Contractor shall follow the revision procedures set forth in the Financial Management Requirements if programmatic or budgetary modifications are desired: i) The contractor must submit a written request to the Department and obtain prior written approval from the Department under the following circumstances: a. unless otherwise specified in the Scope of Services, when cumulative budgetary changes exceed five (5) percent of the total contract amount or Five Thousand Dollars ($5,000), whichever is less; b. when any budget transfers to or between administration budgetary categories are proposed; Page 6 of 15 Pages c. when the scope, objective or completion date of the Project changes; d. when additional or less State funding is needed; e. when revisions involve the transfer of amounts budgeted for indirect costs to absorb increases in direct costs; and f. when revisions pertain to the addition of items requiring approval in accordance with the provisions of the subsection of the Financial Management Requirements entitled "Cost Principles." ii) Under the following circumstances and in addition to the foregoing procedure, prior approval for changes must be authorized by the State in an amendment to this contract properly executed and approved in accordance with applicable law: a. when cumulative budgetary changes exceed ten (10) percent of the total contract amount or Twenty Thousand Dollars ($20,000), whichever is greater; b. when the scope,objective or completion date of the Project changes substantially, as determined by the Department; and c. when any additional State funding is needed. Under such circumstances, the Department's approval is not binding until memorialized in the contract amendment. c) Other Modifications. If either the State or the Contractor desires to modify the terms of this Contract other than as set forth in subparagraphs a and b above, written notice of the proposed modification shall be given to the other party. No such modification shall take effect unless agreed to in writing by both parties in an amendment to this Contract properly executed and approved in accordance with applicable law. 20. Integration. This Contract, as written, with attachments and references, is intended as the complete integration of all understanding between the parties at this time and no prior or contemporaneous addition, deletion or amendment hereto shall have any force or effect whatsoever, unless embodied in a written authorization or contract amendment incorporating such changes, executed and approved pursuant to applicable law. 21. Flats. a) Financial Reports. The Contractor shall submit to the Department three (3) copies of quarterly financial status reports in the manner and method set forth in the Financial Management Requirements. b) Performance Reports. The Contractor shall submit to the Department three (3) copies of quarterly performance reports and of a project completion report in a manner and method prescribed by the Department. 22. Conflict of Interest. Page 7 of 15 Pages a) In the Case of Pt irement. In the procurement of supp. .., equipment, construction and services by the Contractor and its subcontractors, no employee, officer or agent of the Contractor or its subcontractors shall participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer or agent; any member of his immediate family; his partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the party or firm selected for award. Officers, employees or agents of the Contractor and its subcontractors shall neither solicit nor accept gratuities, favors or anything of monetary value from parties or potential parties to contracts. Unsolicited items provided as gifts are not prohibited if the intrinsic value of such items is nominal. b) In all Cases Other Than Procurement. In all cases other than procurement (including the provision of housing rehabilitation assistance to individuals, the provision of assistance to businesses, and the acquisition and disposition of real property), no persons described in subparagraph i) below who exercise or have exercised any functions or responsibilities with respect to CDBG activities or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. i) Persons Covered. The conflict of interest provisions of this paragraph b) apply to any person who is an employee, agent, consultant, officer, or elected official or appointed official of the Contractor or of any designated public agencies or subcontractors receiving CDBG funds. ii) Threshold Requirements for Exceptions. Upon the written request of the Contractor, the State may grant an exception to the provisions of this subparagraph b) when it determines that such an exception will serve to further the purposes of the CDBG program and the effective and efficient administration of the Contractor's Project. An exception may be considered only after the Contractor has provided the following: a. A disclosure of the nature of the conflict, accompanied by an assurance that: i. there has been or will be a public disclosure of the conflict and a description of how the public disclosure was or will be made; and ii. the affected person has withdrawn from his or her functions or responsibilities, or the decision making process with respect to the specific CDBG assisted activity in question; and b. An opinion of the Contractor's attorney that the interest for which the exception is sought would not violate State or local law; and c. A written statement signed by the chief elected official of the Contractor holding the State harmless from all liability in connection with any exception which may be granted by the State to the provisions of this subparagraph b); iii) Factors to be Considered for Exceptions. In determining whether to grant a requested exception after the Contractor has satisfactorily met the requirements of subparagraph ii) above, the State shall consider the cumulative effect of the following factors, where applicable: Page 8 of 15 Pages a. Whether the exception would provide a significant cost benefit or an essential degree of expertise to the Project which would otherwise not be available; b_. Whether an opportunity was provided for open competitive bidding or negotiation; c. Whether the person affected is a member of a group or class of low or moderate income persons intended to be beneficiaries of the CDBG assisted activity, and the exception will permit such person to receive generally the same benefits as are being made available or provided to the group or class; d. Whether the interest or benefit was present before the affected person was in a position as described in this subparagraph b); e. Whether undue hardship will result either to the Contractor or the person affected when weighed against the public interest served by avoiding the prohibited conflict; and f. Any other relevant considerations. 23. Compliance with Applicable Laws. At all times during the performance of this Contract, the Contractor and any subcontractors shall strictly adhere to all applicable federal and State laws, orders, and all applicable standards, regulations, interpretations or guidelines issued pursuant thereto. The applicable federal laws and regulations include: a) National Environmental Policy Act of 1969 (42 USC 4321 et seq.), as amended, and the implementing regulations of HUD (24 CFR Part 58) and of the Council on Environmental Quality (40 CFR Parts 1500 - 1508) providing for establishment of national policy, goals, and procedures for protecting, restoring and enhancing environmental quality. b) National Historic Preservation Act of 1966 (16 USC 470 et seq.), as amended, requiring consideration of the effect of a project on any district, site, building, structure or object that is included in or eligible for inclusion in the National Register of Historic Places. c) Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921 et seq.) requiring that federally-funded projects contribute to the preservation and enhancement of sites, structures and objects of historical, architectural or archaeological significance. d) The Archaeological and Historical Data Preservation Act of 1974, amending the Reservoir Salvage Act of 1960 (16 USC 469 et seq.), providing for the preservation of historic and archaeological data that would be lost due to federally-funded development and construction activities. e) Executive Order 11988. Floodplain Management, May 24, 1977 (42 FR 26951 et seq.) prohibits undertaking certain activities in flood plains unless it has been determined that there is no practical alternative, in which case notice of the action must be provided and the action must be designed or modified to minimize potential damage. f) Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961 et seq.) requiring review of all actions proposed to be located in or appreciably affecting a wetland. Undertaking or assisting new construction located in wetlands must be avoided unless it is determined that there is Page 9 of 15 Pages no practical alternative to suci Jnstruction and that the proposed acti. . includes all practical measures to minimize potential damage. g) Safe Drinking Water Act of 1974 (42 USC 201, 300 f et seq., 7401 et seq.), as amended, prohibiting the commitment of federal financial assistance for any project which the Environmental Protection Agency determines may contaminate an aquifer which is the sole or principal drinking water source for an area. h) The Endangered Species Act of 1973 (16 USC 1531 et seq.), as amended, requiring that actions authorized, funded, or carried out by the federal government do not jeopardize the continued existence of endangered and threatened species or result in the destruction or modification of the habitat of such species which is determined by the Department of the Interior, after consultation with the State, to be critical. i) The Wild and Scenic Rivers Act of 1968 (16 USC 1271 et seq.), as amended, prohibiting federal assistance in the construction of any water resources project that would have a direct and adverse affect on any river included in or designated for study or inclusion in the National Wild and Scenic Rivers System. j) The Clean Air Act of 1970 (42 USC 1857 et seq.), as amended, requiring that federal assistance will not be given and that license or permit will not be issued to any activity not conforming to the State implementation plan for national primary and secondary ambient air quality standards. k) HUD Environmental Criteria and Standards (24 CFR Part 51) providing national standards for noise abatement and control, acceptable separation distances from explosive or fire prone substances and suitable land uses for airport runway clear zones. 1) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title III, Real Property Acquisition (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for uniform and equitable treatment of persons displaced from their homes, businesses, or farms by federal or federally-assisted programs and establishing uniform and equitable land acquisition policies for federal assisted programs. Requirements include bona fide land appraisals as a basis for land acquisition, specific procedures for selecting contract appraisers and contract negotiations, furnishing to owners of property to be acquired a written summary statement of the acquisition price offer based on the fair market price, and specified procedures connected with condemnation. m) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 -- Title II, Uniform Relocation Assistance (Pub. L. 91-646 and implementing regulations at 24 CFR Part 42), providing for fair and equitable treatment of all persons displaced as a result of any federal or federally- assisted program. Relocation payments and assistance, last-resort housing replacement by displacing agency, and grievance procedures are covered under the Uniform Act. Payments and assistance will be made pursuant to state or local law, or the grant recipient must adopt a written policy available to the public describing the relocation payments and assistance that will be provided. Moving expenses and up to $22,500 or more for each qualified homeowner or up to $5,250 or more for each tenant are potential costs. n) Davis-Bacon Fair Labor Standards Act (40 USC 276a- 276a-5) requiring that, on all contracts and subcontracts which exceed $2,000 for federally- assisted construction, alteration or rehabilitation, laborers and mechanics employed by contractors or subcontractors shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. (This requirement applies to the rehabilitation of residential property only if such property is designed Page 10 of 15 Pages for use of eight or more fami, .,.) o) Contract Work Hours and Safety Standards Act of 1962 (40 USC 327 et seq.) requiring that mechanics and laborers employed on federally-assisted contracts which exceed $2,000 be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty in a work week. p) Copeland"And-Kickback" Act of 1934 (40 USC 276 (c)) prohibiting and prescribing penalties for "kickbacks" of wages in federally-financed or assisted construction activities. q) The Lead-Based Paint Poisoning Prevention Act -- Title IV (42 USC 4831) prohibiting the use of lead-based paint in residential structures constructed or rehabilitated with federal assistance, and requiring notification to purchasers and tenants of such housing of the hazards of lead- based paint and of the symptoms and treatment of lead-based paint poisoning. r) Section 3 of the Housing and Community Development Act of 1968 (12 USC 1701 (u)), as amended, providing that, to the greatest extent feasible, opportunities for training and employment that arise through HUD-financed projects, will be given to lower-income persons in the unit of the project area, and that contracts be awarded to businesses located in the project area or to businesses owned, in substantial part, by residents of the project area. s) Section 109 of the Housing and Community Development Act of 1974 (42 USC 5309), as amended, providing that no person shall be excluded from participation (including employment), denied program benefits or subjected to discrimination on the basis of race, color, national origin or sex under any program or activity funded in whole or in part under Tide I (Community Development) of the Act. t) Tide VI of the Civil Rights Act of 1964 (Pub. L. 88-352; 42 USC 2000 (d)) prohibiting discrimination on the basis of race, color, or national origin in any program or activity receiving federal financial assistance. u) Tide VIII of the Civil Rights Act of 1968 (Pub. L. 90-284; 42 USC 3601), as amended, popularly known as the Fair Housing Act, prohibiting housing discrimination on the basis of race, color, religion, sex, or national origin, and requiring HUD to administer its programs in a manner which affirmatively promotes fair housing. v) Executive Order 11246 (1965), as amended by Executive Orders 11375, prohibiting discrimination on the basis of race, color, religion, sex or national origin in any phase of employment during the performance of federal or federally-assisted contracts in excess of $2,000. w) Executive Order 11063 (1962), as amended by Executive Order 12259, requiring equal opportunity in housing by prohibiting discrimination on the basis of race, color, religion, sex or national origin in the sale or rental of housing built with federal assistance. x) Section 504 of the Rehabilitation Act of 1973 (29 USC 793), as amended, providing that no otherwise qualified individual shall, solely by reason of a handicap, be excluded from participation (including employment), denied program benefits or subjected to discrimination under any program or activity receiving federal funds. y) Age Discrimination Act of 1975, (42 USC 6101), as amended, providing that no person shall be excluded from participation, denied program benefits or subjected to discrimination on the basis of age under any program or activity receiving federal funds. Page 11 of 15 Pages 24. Monitoring and Evaluation. The State will monitor and evaluate the Contract with the Contractor under the CDBG program. The Contract will be monitored for compliance with the rules, regulations, requirements and guidelines which the State has promulgated or may promulgate and will be monitored periodically during the operation of the project and upon its completion. The Contract will also be subject to monitoring and evaluation by the U.S. Department of Housing and Urban Development. The Contract will be evaluated to gauge its impact upon low- and moderate-income residents of the community, slums or blighted areas, or other urgent need conditions and for the effective and efficient utilization of CDBG funds. 25. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term. 26. Binding on Successors. Except as herein otherwise provided, this agreement shall inure to the benefit of and be binding upon the parties, or any subcontractors hereto, and their respective successors and assigns. 27. Subletting. Assignment or Transfer. Neither party nor any subcontractors hereto may sublet, sell, transfer, assign or otherwise dispose of this Contract or any portion thereof, or of its rights, title, interest or duties therein, without the prior written consent of the other party. No subcontract or transfer of Contract shall in any case release the Contractor of liability under this Contract. 28. Non-Discrimination. The Contractor shall comply with all applicable State and Federal laws, rules, regulations and Executive Orders of the Governor of Colorado involving non-discrimination on the basis of race, color, religion, national origin, age, handicap or sex. In compliance with Paragraph 5 of the Special Provisions section of this contract, Contractor agrees to consider minorities or minority businesses as employees, specialists, agents, consultants or subcontractors under this Contract. Contractor may utilize the expertise of the State Minority Business Office within the Office of the Governor for assistance in complying with the non-discrimination and affirmative action requirements of this contract and applicable statutes. 29. Applicant Statement of Assurances and Certifications. The Contractor has previously signed an "Applicant Statement of Assurances and Certifications" which is hereby incorporated and made a part of this contract by reference. 30. Survival of Certain Contract Terms. Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance or compliance beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Contractor or its subcontractors. Page 12 of 15 Pages Form 6-AC-02B SPECIAL PROVISIONS CONTROLLER'S APPROVAL 1. This contract shall not be deemed valid until it shall have been approved by the Controller of the State of Colorado or such assistant as he may designate. This provision is applicable to any contract involving the payment of money by the State. FUND AVAILABILITY 2. Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thousand dollars for the construction, erection, repair, maintenance, or improvement of any building,road,bridge,viaduct, tunnel,excavation or other public works for this State, the contractor shall,before entering the performance of any such work included in this contract,duly execute and deliver to and file with the official whose signature appears below for the State, a good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of this contract. Such bond shall be duly executed by a qualified corporate surety,conditioned for the due and faithful performance of the contract,and in addition,shall provide that if the contractor or his subcontractors fail to duly pay for any labor, materials, team hire, sustenance, provisions, prevendor or other supplies used or consumed by such contractor or his subcontractor in performance of the work contracted to be done,the surety will pay the same in an amount not exceeding the sum specified in the bond,together with interest at the rate of eight percent per annum. Unless such bond, when so required, is executed, delivered and filed, no claim in favor of the contractor arising under this contract shall be audited, allowed or paid. A certified or cashier's check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a bond. This provisions is in compliance with 38-26-106 CRS,as amended. INDEMNIFICATION 4. To the extend authorized by law,the contractor shall indemnify,save and hold harmless the State,its employees and agents,against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices(24-34-402.CRS 1982 Replacement Vol.),and as required by Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975. Pursuant thereto,the following provisions shall be contained in all State contracts or sub-contracts. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race,creed,color,national origin, sex, marital status, religion, ancestry, mental or physical handicap, or age. The contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to the above mentioned characteristics. Such action shall include,but not be limited to the following: employment,upgrading,demotion,or transfer,recruitment or recruitment advertising; layoffs or terminations;rates of pay or other forms of compensation;and selection for training,including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth provisions of this non-discrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color,national origin,sex, marital status, religion, ancestry, mental or physical handicap, or age. (3) The contractor will send to each labor union or representative of workers with which he has collective bargaining agreement or other contract or understanding, notice to be provided by the contracting officer, advising the labor union or workers'representative of the contractor's commitment under the Executive Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,and of the rules, regulations, and relevant Orders of the Governor. (4) The contractor and labor unions will furnish all information and reports required by Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, and by the rules, regulations and Orders of the Governor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the office of the Governor or his designee for purposes of investigation to ascertain compliance with such rules, regulations and orders. (5) A labor organization will not exclude any individual otherwise qualified from full membership rights in such labor organization, or expel any such individual from membership in such labor organization or discriminate against any of its members in the full enjoyment of work opportunity,because of race, creed, color, sex, national origin, or ancestry. (6) A labor organization,or the employees or members thereof will not aid,abet,incite,compel or coerce the doing of any act defined in this contract to be discriminatory or obstruct or prevent any person from complying with the provisions of this contract or any order issued thereunder; or attempt either directly or indirectly, to commit any act defined in this contract to be discriminatory. Page 13 of 15 Pages Form 6-AC-02C (7) In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be cancelled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further State contracts in accordance with procedures,authorized in Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975 and the rules, regulations, or orders promulgated in accordance therewith, and such other sanctions as may be imposed and remedies as may be invoked as provided in Executive Order,Equal Opportunity and Affirmative Action of April 16,1975, or by rules, regulations, or orders promulgated in accordance therewith, or as otherwise provided by law. (8) The contractor will include the provisions of paragraph (1) through (8) in every sub-contract and subcontractor purchase order unless exempted by rules, regulations, or orders issued pursuant to Executive Order, Equal Opportunity and Affirmative Action of April 16, 1975, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any sub-contracting or purchase order as the contracting agency may direct,as a means of enforcing such provisions,including sanctions for non-compliance;provided, however,that in the event the contractor becomes involved in,or is threatened with,litigation with the subcontractor or vendor as a result of such direction by the contracting agency, the contractor may request the State of Colorado to enter into such litigation to protect the interest of the State of Colorado. COLORADO LABOR PREFERENCE 6a. Provisions of 8-17-101 & 102,CRS for preference of Colorado labor are applicable to this contract if public works within the State are undertaken hereunder and are financed in whole or in part by State funds. b. When construction contract for a public project is to be awarded to a bidder,a resident bidder shall be allowed a preference against a non-resident bidder from a state or foreign country equal to the preference given or required by the state or foreign country in which the non-resident bidder is a resident. If it is determined by the officer responsible for awarding the bid that compliance with this subsection .06 may cause denial of federal funds which would otherwise be available or would otherwise be inconsistent with requirements of federal law,this subsection shall be suspended, but only to the extent necessary to prevent denial of the moneys or to eliminate the inconsistency with federal requirements (section 8-19-101 and 102, CRS). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation,execution and enforcement of this contract. Any provision of this contract whether or not incorporated herein by reference which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. 8. At all times during the performance of this Contract,the Contractor shall strictly adhere to all applicable federal and state laws,rules and regulations that have been or may hereafter be established. 9. The signatories hereto aver that they are familiar with 18-8-301, et. seq, (Bribery and Corrupt Influences) and 18-8-401, et seq., (Abuse of Public Office), CRS 1978 Replacement Vol., and that no violation of such provisions is present. 10. The signatories aver that to their knowledge, no state employee has a personal or beneficial interest whatsoever in the service or property described herein: Page 14 of 15 Pages DI WITNESS WHEREOF, the pat hereto have executed this Contract on the day fits, me written. Contractor �> / / , y-C,,L. STATE OF COLORADO (Full Leval Na rii)) ///"` 7 -� GOVERNOR F' ROY ROMER, ;f> (Adder "".- �// ('G `�" 6..:' --- By: � . L )t �. 7 \ L_1 i o (Soci(a/l�'Se II — Number or \ 3 *5 F�xecutit Dir�c[or Federal ID. Number) (Department of) 7 By: 4,.�. ( dI.1- LG',2(flx'z�-/ aki *1 c ( 071")/44'1.-?4-(1 7t i (_j Its: CV)(L. /7i')iii.si,,,_ OF CORPORA (n/,,,',�t ATTEST (Seal) '1 �lir�� / Co to Secretary, or Equivalent, T4wn/City/County Clerk ./ APPROVALS: ATTORNEY GENERAL J CONTRO By By. CLIF�O�f�D W. HALL Page 15 of 15 Pages EXHIBIT A Scope of Services EXHIBIT A Scope of Services Funding for this project is being provided upon the recommendation of the Governor's Office of Economic Developments 's Financial Review Committee. The purpose of the project is to encourage economic diversification and job retention and job creation in Weld County, Colorado. The project consists of providing funds to the Contractor to provide separate loans to two separate companies, R&R Custom Woodworking, Inc. ("R&R") and Denpak Building Products, Inc. ("Denpak") to be used exclusively for working capital to continue and expand operations, subject to the following provisions: 1. GENERAL COVENANTS OF CONTRACTOR. A. Contractor shall loan project funds to R&R and Denpak through legally binding loan agreements between R&R and Contractor and Denpak and Contractor which shall be submitted to the State prior to execution to determine applicability and adherence to State regulations. B. Project shall be administered by the Contractor. All revenues received by the Contractor which result directly from CDBG- assisted activity, including but not limited to principal and interest payment, origination fees, servicing charges and proceeds from the sale of acquired assets shall be returned to the State within thirty (30) days of receipt. C. All costs of making this loan, including but not limited to, title insurance, UCC searches, surveys, State 's counsel review fees, recording costs, intangible tax and all incidental costs of financing but excluding Contractor's administrative costs are to be paid by the individual business which shall be the loan recipient. D. Contractor shall require that both R&R and Denpak, individually and separately, execute and deliver a Loan Agreement, Note, Security Agreement, Financing Statements and Guaranty, when required, in a form satisfactory to the Contractor and State's Office of Economic Development. E. The Contractor shall notify the State in writing within ten (10) days of any violation by R&R or Denpak of covenants stated in their respective Loan Agreement, Contract, Note, Security Agreement, Guaranty or any additional document referenced and incorporated herein. In the event of default, Contractor shall implement the remedies listed herein or initiate alternative actions agreed upon in writing by the State's Office of Economic Development. Page 1 of 9 F. This loan and interest thereon and any penalty or premium due hereunder are payable solely from the revenues and proceeds derived from this Contract, Loan Agreement(s) , Note(s) , Deed(s) of Trust, Guaranty(s) , Collateral, Assignments of Rents or Security Agreement(s) and shall never constitute the debt or indebtedness of Contractor within the meaning of any provision or limitation of the state constitution or statutes or the charter of Weld County, Colorado, and shall not constitute nor give rise to a pecuniary liability of the Contractor or a charge against its general credit or taxing powers. G. Contractor shall ensure that each firm, R&R and Denpak, executes a written commitment and employment plan. Contractor agrees that the commitments and plans must include the following information: (1) R&R Commitment and Employment Plan. (a) R&R shall agree to make every reasonable effort to create a minimum of fifteen (15) full-time, permanent positions within one (1) year from disbursement of CDBG funds. R&R shall commit that a minimum of five percent (5%) of the fifteen (15) new positions shall be held by individuals whose personal residence at the time of hiring is within Weld County but outside the city limits of Greeley. R&R shall commit that a minimum of seventy percent (70%) of new positions will be held by low to moderate income persons. (b) R&R' s employment plan shall include information on: 1) number and types of jobs expected to be available and held by low to moderate income persons; 2) description of how low to moderate income benefit will be documented; and 3) proposed schedule for hiring. (2) Denpak Commitment and Employment Plan. (a) Denpak shall confirm, as of loan closing, the number of low to moderate income jobs retained out of the total fifty five (55) jobs retained at the Franklin Street operation in Adams County. Those positions not held by low to moderate income persons at the time of closing must become available to low to moderate income persons within two (2) years from the date CDBG funds are disbursed by Contractor to Denpak. Denpak shall commit that retained jobs and new jobs, collectively, must be held by at least fifty one percent (51%) low to moderate income persons from the total retained and new jobs created within two (2) years from CDBG funds disbursal. (b) Denpak shall commit to and provide written evidence that a total of five percent (5%) of retained and new Page 2 of 9 jobs, collectively, are held or shall be held by individuals whose personal residence is within Weld County while also located outside the city limits of Greeley. (c) Further, Denpak' s employment plan shall include information on: 1) number and types of jobs expected to be available and held by low to moderate income persons; 2) description of how low to moderate income benefit will be documented; and 3) proposed schedule for hiring. H. Contractor shall submit copies of contracts or agreements, including but not limited to agreements with subgrantees, administrative service agencies, Job Training Partnership Act agencies, the Job Service Center, Colorado First, local city governments, entered into by firm and these contracts shall comply with and be governed by all applicable Colorado state laws. All above mentioned contracts or agreements shall be submitted to the State's Office of Economic Development upon execution. I. Contractor shall encourage R&R and Denpak to enter into a memorandum of agreement with job service and training agencies that serve the area where the particular firm is located in order to provide job referrals and support to each firm. J. Contractor shall obtain each business's, R&R and Denpak, written consent to permit the Contractor and State or their agent, until their respective Note(s) has been fully repaid with interest, the right at all reasonable hours to inspect the chattel, personal property and real estate used to secure the respective Loans. R&R and Denpak shall further agree to provide the Contractor and State or their agent free access to the their business premises for the purpose of such inspection to determine the condition of the chattel, personal property or real estate. K. Any sale, transfer, assignment or conveyance, relocation or other disposition of any portion of inventory, equipment, real estate or other fixed assets used to secure the loans from the principal place of business referenced in 1.M. herein, will cause the loan to be due and payable at that time unless the business has received prior written consent from the State's Office of Economic Development and Contractor. L. Contractor shall prohibit the sale, transfer or assignment of the stock of either firm, R&R or Denpak, which at any time results in a change in the majority of ownership of the business without prior written consent of the State's Office of Economic Development. In the event consent is not granted and a majority of ownership changes in either of the above-mentioned businesses, that particular business's loan Page 3 of 9 will become due and payable at the time ownership is transferred. Any approved purchasee or transferee must expressly assume the obligations of purchaser or transferor pursuant to its Loan Agreement and other closing documents with the Contractor. M. In the event either firm ceases full operation at their respective principal place of business within the loan term of their respective loans, Contractor shall require the firm to give the Contractor and State written notice by certified mail within five (5) days from the time firm ceases full operation. R&R's principal place of business is 407 17th Street, Greeley, Colorado. Denpak' s principal place of business is 6720 Franklin Street, Denver, Colorado. The respective loan will be due and payable upon receipt of the notice without any notice in return from the State or Contractor or demand of any kind or any presentation or protest. N. R&R and Denpak shall each provide written certification to Contractor that there are no legal actions, suits or proceedings pending or to the knowledge of its firm, threatened against its firm, before any court or administrative agency which, if determined adversely to the firm, would have a material adverse effect on the financial condition or business of the firm. 0. As of the date of funding, neither the State nor Contractor shall be under any obligation to fund projects' loans to R&R or Denpak should there be any adverse, material change in one or the other the business's financial position which affects either's ability to repay the project loan or makes unreasonable or unreliable any of the financing assumptions upon which such repayment is predicated, or any other aspect of financing of which R&R's or Denpak's project loan is a part. P. R&R and Denpak shall certify to Contractor that all requisite tax returns have been filed and that each business has paid or made provision for payment of all taxes which have or may become due pursuant to said returns or pursuant to any assessments levied against the firm or its personal or real property. No tax liability has been asserted for taxes materially in excess of those already provided for and neither business knows of any basis for any such deficiency. Q. Contractor and State permit R&R or Denpak to prepay their respective loan or any part thereof at any time without premium or penalty. R. Contractor shall require R&R and Denpak to agree individually to indemnify and save the State or its assigns harmless against any and all liability with respect to, or resulting from, any delay in discharging any obligation of its business. Page 4 of 9 S. No failure or delay on the part of the State or Contractor in exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power, or remedy preclude any other further exercise thereof or the exercise of any other right, power or remedy hereunder. No modification or waiver of any provision of the Contract(s) or Note(s) , nor any consent to any departure by the assisted business shall in any event be effective unless the same shall be in writing. Such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on R&R or Denpak in any case shall entitle R&R or Denpak to any other or further notice or demand in similar or other circumstances. T. The loans shall be made in favor of the entities listed in paragraph two under Scope of Services. Loan Agreement(s) between each firm and Contractor shall be binding upon the firm, its successor and assigns, except that neither firm may assign or transfer its rights by operation of law, or otherwise, except with prior written consent of the State. The Loan Agreement(s) shall inure to the benefit of the State, its successors and assigns, and except as otherwise expressly provided in particular provisions hereof, all subsequent holders of the Note(s) . U. R&R, Denpak, Contractor and State or their respective assigns hereby expressly reserve all rights to amend any provisions of this Contract, their respective Note(s) or additional documents regarding these Loans and to release or otherwise deal with any collateral security for payment of the Note(s) . However, all such amendments shall be mutually agreed upon in writing and executed by the State and Contractor or their assigns and the individual firm. V. Contract, Loan Agreement(s) , Note(s) , Security Agreement(s) , Financing Statements (and Mortgage) and obligations of each firm hereunder, shall be governed by and enforced in accordance with the law of the State of Colorado. W. Time is of the essence with respect to all dates, terms and conditions hereof. 2 . CONDITIONS OF LENDING. The State' s obligation to make an advance of proceeds of either loan is expressly conditioned upon the prior receipt and acceptance by Contractor of the following items pertaining to R&R or Denpak' s particular loan. The State shall not be required to close a loan or make any advances of loan proceeds until all such items have been received to Contractor's satisfaction. Unless the context hereof requires otherwise, all documents shall be properly executed and delivered by R&R or Denpak to the Contractor. A. Collateral. Contractor shall secure the following collateral for the individual project loans as indicated below: Page 5 of 9 (1) R&R Collateral. Contractor shall obtain and file a lien evidenced by a deed of trust in a form acceptable to the State's Office of Economic Development for a third position on real property owned by R&R and located at 401 17th Street, Greeley, Colorado. Title insurance and tax certificates for the above-mentioned property shall be submitted to Contractor at or prior to loan closing. (2) Denpak Collateral. (a) Contractor shall be required to file Uniform Commercial Code financing statements as notice of security interests in Denpak's accounts receivable and equipment, now owned or hereinafter acquired by Denpak, in order to establish a second lien position at loan closing. (b) Contractor shall obtain unconditional personal guaranty(s) from Messrs. Jerry Berglund and Tom Kostelecky ("Guarantors") of all amounts due or to become due on the Denpak loan with Contractor and the performance of all of Denpak's obligations listed hereunder or in the loan closing documents. B. Liens and Encumbrances. Contractor shall receive written confirmation from each firm that it has duly paid and discharged any imposition charge or liability against fixed assets or real property listed in 2 .A. herein no later than the loan closing date. C. Articles of Incorporation. ttContractor shall require R&R and Denpak to submit a copy of J firm's Articles of Incorporation and By-Laws certified by an officer as being true, correct, complete and unamended as well as satisfactory evidence that firm has complied with all such documents in executing the loan agreement and loan commitment with the State. These articles must include evidence that the firm is in good standing and is duly authorized to do business in the State of Colorado and any jurisdiction where the firm is now conducting business. D. Licenses and Permits. Evidence must also be provided to Contractor to indicate that R&R and Denpak, individually and separately, have complied with all filing requirements, fictitious name requirements, if any, and any necessary permits or licenses required by federal, state, or local laws or the operation of business or will obtain all appropriate licenses and permits in any new jurisdiction where it begins conducting business. E. Certificate of Resolutions and Incumbency. Each firm shall deliver the Certificate of Resolutions adopted by the Board of Page 6 of 9 Directors of the respective firm authorizing the execution and delivery of the agreements with Contractor and any other documents required to be executed and delivered by the firm pursuant to those agreements and the borrowing of funds for the purposes herein expressed, certified by the Secretary of the firm, together with a Certificate of Incumbency of the officers of the firm and certified by the Secretary of the firm. F. Commitment Letters. (1) R&R Project. Contractor shall secure the following at or prior to loan closing: (a) A letter of commitment from United Bank of Greeley ("UBG") which states that a minimum principal amount of Three Hundred Thousand Dollars ($300, 000. 00) is available to R&R as a working capital line of credit. In addition, UBG shall commit that a minimum principal amount of Three Hundred Thirty Five Thousand Dollars ($335, 000. 00) is available to R&R as a term loan. Interest rate and terms of each loan must be outlined in UBG' s commitment letter. (b) A commitment letter from CEDCO and SBA to provide a minimum principal amount of Two Hundred Ninety Thousand Dollars ($290, 000. 00) to R&R for land, building and/or renovations to the property referenced in 1.M. herein. Interest rate and terms of the loan must be outlined in the commitment letter. (c) A commitment letter from Greeley Urban Renewal Authority ("GURA") that a minimum principal amount of Fifty Thousand Dollars ($50, 000.00) is available to R&R. Interest rate and terms of the award must be outlined in the commitment letter. (2) Denpak Project. Contractor shall secure the following at or prior to loan closing: (a) Commitment letter from Universal Lending which states that a minimum principal amount of One Million Two Hundred Thousand Dollars ($1,200, 000.00) is available for leasehold improvements and to purchase the property located at 6720 Franklin Street, Denver, Colorado. G. Owner Equity Infection. Contractor shall secure written evidence at or prior to loan closing that R&R will inject a minimum of Five Thousand Dollars ($5, 000. 00) of owner equity into the project within one (1) year from loan closing. H. Guarantors' Financial Statements. Guarantor(s) shall submit completed personal financial statements, signed and witnessed as to their veracity, to Contractor, all of which shall be current Page 7 of 9 prior to the advance hereunder. I. Financial Information True and Correct. A statement must be provided to Contractor by each firm which verifies that all financial statements and operating cash flow projections and reports provided to the State by or on behalf of the individual firm in connections with the loan (including those relating to the Guarantors) are true and correct in all material respects, have been prepared in accordance with generally accepted accounting principles and fully and accurately represent the financial condition of the firm as of the dates thereof and no materially adverse change has occurred in the financial condition reflected therein since the dates thereof. J. Financial Statement Submissions. Quarterly financial statements and employment reports from each firm must be obtained by the Contractor and forwarded to the State for review. K. Environmental Review. Contractor shall complete an environmental review clearance of the business locations referenced in 1.M. herein prior to the respective loan closing. L. Maintain and Insure Property. Contractor shall require both R&R and Denpak, individually and separately, to agree at all times to maintain the property as security for this loan in such condition and repair that the Contractor' s and State's security will be adequately protected. R&R and Denpak shall also agree to maintain, during the term of their respective loans, adequate hazard insurance policies covering fire and extended coverage and such other hazards as may be deemed appropriate in amounts and form sufficient to prevent R&R/Denpak from becoming a co-insurer and issued by companies satisfactory to State with acceptable loss payee clauses in favor of the State. R&R and Denpak shall further agree to maintain adequate liability and workman's compensation insurance in amounts and form satisfactory to the State. 3 . TIME OF PERFORMANCE. The project shall commence upon execution of the contract. The contract shall expire two (2) years from the date of the contract except that the contract may be extended a maximum of six (6) months subject to the mutual agreement of the State and the Contractor. A request for extension by the firm shall be submitted to the State at least thirty (30) days prior to the expiration of the Contract with a full justification for the extension request. If approved by the State, written notification will be provided to the offices of the State Controller and the State Attorney General. Page 8 of 9 4 . BUDGET. Revenue Expenditures Assistance to $250, 000 Working Capital $250, 000 Businesses Administration $7, 000 Administration $7 , 000 TOTAL $257 , 000 $257 , 000 5 . TERMS OF LOANS TO THE FIRMS. Terms of the loans to the firms shall be as follows, unless modification is authorized in writing by the State prior to the respective loan closing: Assistance Amount: (a) R&R - The State's contribution to this working capital loan shall not exceed Fifty Thousand Dollars ($50,000.00) . (b) Denpak - The State's contribution to this working capital loan shall not exceed Two Hundred Thousand Dollars ($200, 000. 00) . The State' s contribution toward Contractor's administration costs for both projects shall not exceed a total of Seven Thousand Dollars ($7, 000.00) . Interest Rate and Terms: The R&R project loan of Fifty Thousand Dollars ($50, 000.00) shall be fixed at prime as stated by UBG at the time of loan closing for a term of five (5) years. The Denpak project loan of Two Hundred Thousand Dollars ($200, 000.00) shall bear interest commencing at a rate of four percent (4%) for the first year with annual increases to eight percent (8%) and shall remain at twelve percent (12%) for the remaining two (2) years. The Denpak loan is for a four (4) year term and amortization. Payments: Payments of principal and interest shall be made to the Contractor at the first of every month. Payment Schedule: Payment to the Contractor shall be made within thirty (30) days of the execution of the contract. Loan proceeds for working capital will be released from the Contractor within three (3) days from receipt. 6. REPORTING SCHEDULE. The Contractor will submit quarterly company financial statements, financial and narrative status reports detailing the project's progress and documenting all expenditures of State funds and repayment receipts within thirty (30) days from the time payments are requested. The Contractor is required to report to the State information on all persons which fill jobs created and/or jobs retained by the assisted firm for a period of two (2) years from the effective date of the loan agreement. 7 . CONTRACT MONITORING. The Department of Local Affairs and/or the Governor's Office of Economic Development will monitor this project on an as-needed basis. Page 9 of 9 EXHIBIT B Definition of Low and Moderate Income Households and Persons . CFE:E BEEEg • -0Po .O112 S! 2212 ! ^ a 6l 9 =3 .on m3 i let 1` E '11 II II II II II II I$ IR I- n-. A nI ng �_ A_ A_ E§ Ito -. ^ �� ymum i le =8 a8 < <u5 Sc �8 �S �� 5;8 E8 ^ S «_ z EE• n Cb n ^nn 1.1 "n An Nn AS .4 w _ UV _ o- c 9 c .� m�cE $ Ec 8E2u6 ail Eta14 8 8R 58 58 58 5R le e--¢j a 6 a2aei" qe o:74 " 8 IC, B Y E n E m a 78 - E23E w bP ` eEL.-i O A% nn Alm A,_ n— n_ P8 N... A.- .- N_ N_ .4_ Elf L'Et • 83 ^c8=. 41 g E C=u o g_ will g CoA cc ?1 mg 1% o.r -.a 11 o. 11 Oa a o a P _ w r ma s € Co __ -- Y_ _ p - " '`, ' i '•' �ou Pain' 81 "$ Co E � cOE Z. ms `s=^E 6g g ri €gi SA A§ SA Al, S5 §g 8� 8! El 6! S! 8,1 8i pn 8$L2a A§ §A -0 nn � _6 A- __ -- _ -_ _ _ UL 2-22-5 Z6 OO_�•�T .30o•m a C C .]8 .T Ely r .` VVs 'JIB _l s_ a. h . E8* a ni s n4 n a4 {i. C 4I ^b P g P ^ ^P n^ .P _P ._..P O EO �si2 HA_I ^P A._ zP �P ^P N_ u"�o E I 8 . E ^" E" $u ' E= o = u- 1 E c'e 1 E E c a c = ngoE j - $". " 41" = u s E E E pE E $ E 8 E E E EE c pE C w s 8 e C " C g g g C " 8 " C " C s C •• 2 4 3 7 E 7 E CO E E E — E E E E E os " g " a = s " s " e " s " s " s " a " s " s " s " s " s s o_os o e c E� G� L_ E� L� E� El L� 0 ' 4' L� E� E c 8 8 '8 8 8 11 8 8 8 8 8 8 8 ₹₹ 821 E.' 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U c z g s ° — m NN ;dal cal Y in 3 r B 0173 RtC U0232090 12/14/89 16 : 46 .0u 1 /004 AU023?090 F 1769 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO STATE OF COLORADO UNIFORM COMMERCIAL CODE—SECURITY AGREEMENT Debtor: Denpak Building Products, Inc . Numr. sddreco ww..<. w sin' to, slay 6777 Downing Street, Denver, Colorado 80229 N ... ,lml to, Yu Secured Party: Nam.. Board of County Commissioners of the County of Weld wins..: 915 Tenth Street Greeley, Colorado 80631 .u. stiwi (h, ,w. Debtor, for consideration. hereby grants to Secured Parn a security interest in the tollos lne propens and ails and all additions, accessions and substitutions thereto or therefor Ihereinatter called the"COLLATERAL ): See Exhibit "1 " which is attached hereto and is hereby incorporated herein. Ti,Secure pavtllenl of the indebtedness evidenced by a certain Ittomiswn ante —_ of oven d:nr beet"uh. p.nahlc w the Sec wed filets. • orordmas touoss: $200, 000 . 00 Loan; 4% interest in year 1 , 8% interest in year 2 , and 12% interest in years 3 and 4 . DEBTOR EXPRESSLY WARRANTS AND COVENANTS: 1. That except for the security interest granted hereby Debtor is. or to the extent that this agreement states that the Collateral is to he acquired after the date hereof,will be,the owner of the Collateral free from any adverse lien.security interest or 11 encumbrances:and that Debtor will defend the Collateral against all claims and demands of all persons at anytime claiming the same or any interest therein. • 2. The Collateral is used or bought primarily for: ❑ Personal, family or household purposes: ❑ Use in farming operations; • Z Use in business. • 3. That Debtor's residence is as stated above, and the Collateral will be kept at • 6777 Downing Street, Denver, Colorado 80229 • • 6720 Franklin Street, Denver, Colorado 80229 No and Stun Tay Count) Maw 4. If any of the Collateral is crops,oil,gas,or minerals to be extracted or timber to be cut,or goods which are or are to become fixtures, said Collateral concerns the following described real estate situate in the County of and State of Colorado, to wit: N/A S J C r C, No.tCC 1205. SECt'Rrt. AGREEMENT Bradford Pohl,sh no..S25 W.5th Ave .Lokeuoad.CO 80214—O0,i'rc_o,nu I'Nt' B (" 73 REC U0232090 12/14/89 16 :46 0 .00 2/004 F _ /0 MARY ANN FEUERSTEIN CL C & RECORDER WELD CO, CO 5. Pmmptly to notify Secured Party of any change in the location of the Collateral. 6. To pay all taxes and assessments of every nature which may he levied or assessed against the Collateral. 7. Not to permit or allow any adverse lien,security interest or encumbrance whatsoever upon the Collateral and n permit the same to be attached or replevined. 8. That the Collateral is in good condition,and that he will, at his own expense,keep the same in good conditiou from time to time,forthwith,replace and repair all such parts of the Collateral as may be broken. worn out,or damaged w i allowing any lien to be created upon the Collateral on account of such replacement or repairs. and that the Secured Parr examine and inspect the Collateral at any time, wherever located. 9. That he will not use the Collateral in violation of any applicable statutes, regulations or ordinances. UNTIL DEFAULT Debtor may have possession of the Collateral and use it in any lawful manner, and upon \I Secured Party shall have the immediate right to the possession of the Collateral. DEBTOR SHALL BE IN DEFAULT under this agreement upon the happening of any of the following eve conditions: (a) default in the payment or performance of any obligation,covenant or liability contained or referred to herein or note evidencing the same; (h) the making or furnishing of any warranty, representation or statement to Secured Party by or on behalf of I which proves to have been false in any material respect when made or furnished: (e) loss,theft,damage.destruction,sale or encumbrance to or of any of the Collateral.or the making of any levy or attachnment thereof or thereon: (d) death,dissolution,termination Or existence. insolvency.business t;iilure,appointment of a receiver of any par property of, assignment for the benefit of creditors by, or the commencement of any proceeding under any hankm, insolvency laws of, by or against Debtor or any guarantor or surety for Debtor. UPON Sl.'CII DEFAULT and at any time thereater. or if it deems itself insecure. Secured Party may der Obligations secured hereby immediately due and payable and shall have the remedies of a secured pang tinder Article ' Colorado t;inform Commercial Code. Secured Party man- require Debtor to assemble the Collateral and deliver or I available to Secured Party at a place to be designated by Secured Pans which is reasonably convenient to both parties. Exp. retaking. holding. preparing tirt sale. selling or the like shall include Secured Paty's reasonable attorney's fees at' expenses. No waiver by Secured Pam'of any default shall operate as a waiver of any other default or of the same default on occasion. 'Pie taking of this security agreement shall not waive or impair any other security said Secured Party mss hereafter acquire for the payment of the above indebtedness nor shall the taking of any such additional security waive of this security agreement: but said Secured Party may resort to any security it may have in the order it may deem pre! notwithstanding any collateral security. Secured Party shall retain its rights of set-off against Debtor. All rights of Secured Party hereunder shall inure to the benet it of its successors and assigns:and all promises and Debtor shall hind his heirs.executors or administrators or his or its successors orssigns. If there be more than one Deb'. liabilities hereunder shall he joint and several. Dalte this / t t day of V).'c �' . 19 Debtor: Secured Pam. • • LJerry Berglund, President U. W. Lir y, rman of the boa:- Denpak Building Products , Inc . County Commissioners of the Couc. 'Ii".,\�'.�i.n \,ni':'.�.1 .'.'.I4i.A}I v'n[ , tai[i.1n.1",unU 1..W\ J.w.• ..J...n B 0173 REC U0232090 12/14/89 16 :46 x0 . 00 3/004 F 1771 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO DENPAK BUILDING PRODUCTS . INC . EQUIPMENT PURCHASED TO-DATE ELIGIBLE FOR FBS EQUIPMENT LOAN AS OF OCTOBER 16 , 1989 ITEM#1 1986 BUICK 4-DOOR 12 .625.00 ITEM#2 ASORTED FURNITURE 642 . 60 ITEM#3 GLUE GUN 2. 028 . 63 ITEM#4 ROLLER PRESS 5. 400 . 00 ITEM#5 ALARM SYSTEM 1 , 675 . 00 ITEM#6 COPIER 2 . 200 . 46 ITEM#7 COMPUTER TERMINALS. PRINTERS 673. 40 ITEM#8 DENVER WOOD AUCTIONED EQUIPMENT 30,397 . 00 ITEM#9 PULTE EQUIPMENT ( PAID 172, 000 ) 133, 333 . 00 ITEM#10 DENVER WOOD EQUIPMENT PURCHASED 175. 000 . 00 ITEM#11 1983 HYSTER HBOE FORKLIFT 10, 888 . 50 ITEM#12 1978 CADILLAC 2-DOOR 8 . 838 . 60 ITEM#13 M1SC FURNITURE-DESK ,FILES ,COUCH-ETC . 933 . 30 ITEM#14 COMPUTER TERMINALS. PRINTERS AND COVERS 1 . 226 . 55 ITEM#15 WOOD GRINDING SYSTEM ( HOG ) 34 , 650 . 00 ITEM#16 ( 3 ) CATERPILLAR FORKLIFTS 33 .200 .00 ITEM#17 WEYERHAEUSER TRUCK FLEET 72 . 025 .00 ITEM#18 FREEDOM II SCISSOR LIFT 3 .001 .60 GRAND TOTAL 528 , 738 .64 "EXHIBIT 1 " UCC OCR 002 INSTRUCTIONS ON BACK INIF0RM COMMERCIAL CODE-FINAP 'WO STATEMENT (UCC-1) 1ST DEB1OR NAME(Personal) Last Firs. M.I. C__ -1 1ST DEBTOR NAME(1_3ustness) be:wok Building Products, Inc. ADDRESS _-"- S.S. NO./TAX I.D. 6777 Downing Street 84-1094129 CITY STATE ZIP CODE F- Denver CO 80229 FOR OFFICE USE ONLY THIS DOCUMENT MUST BE TYPED COLORADO UCC-1 SECRETARY OF STATE 1560 Broadway•Denver,Colorado 80202 ANY QUESTIONS CALL(303)894.2243 I 2ND DEBTOR NAME(Personal) Last First M.I. I I I B 0173 REC U0232090 12/14/89 16: 46 “0 .00 4/004 2ND DEBTOR NAMELuslness) F 1772 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ADDRESS S.S. NO./TAX I.D. CITY STATE ZIP CODE r i 3RD DEBTOR NAME(Personal) Last First M,I. 3RD DEBTOR NAME Business ADDRESS S.S. NO./TAX I.D. (f CITY STATE ZIP CODE 1ST SECURED PARTY NAME r-Board_Of County COmmiseloners of the County of Weld rADDRESS 1915 Tenth Street CITY STATE ZIP CODE I _Greeley CO R0631 C s 2ND SECURED PARTY NAME - +y 1 Jt . - D ADDRESS r AD L. CITY STATE ZIP CODE rASSIGNED PARTY NAME l�- ADDRESS CITY STATE ZIP CODE CHECK IF APPLICABLE PRODUCTS OF COLLATERAL THIS STATEMENT IS TO BE FILED FOR RECORD THE DEBTOR IS A ® ARE ALSO COVERED ❑ IN THE REAL ESTATE RECORDS ❑ TRANSMITTING UTILITY THIS STATEMENT IS SIGNED BY THE SECURED PARTY INSTEAD OF THE DEBTOR TO PERFECT A SECURITY INTEREST IN COLLATERAL Ivh:e_e r nor k orin4,r„d„ ❑ already subject to a security interest in another tonsdrction sshen it was brought into this stale,or when the debtor's location was changed to this state 1...•I ❑ whir h Is pru,ands ut the unyln.il collateral described Wow frt.uach a security interest was perfected, ❑ as to which the filing has lapsed,or ❑ acquired after a change of name,identity or corporate structure of the debtor. COLLATERAL USED U. dart h ts8.. III .ruse c idea lv.Af:r.G dcc` a;,sr ccs t hies.umber or minerals or other substances lobe extracted or acr.ounl-rus dung Item Ile sale thereat edit ructions on ride.I ThsFnancing Slaternenl covers me touowmg types tontems)of property. II (a) A11 equipment of the Debtor of every description used or useful in the conduct of the Debtor's business. now or hereafter acquired; all accessories. parts, and equipment now or hereafter affixed thereto or used in connection therewith; and all proceeds of the I foregoing. t (b) All accounts receivable and contract rights, whether now or hereafter acquired. ORIGINAL SIGNATURES REQUESTED ON 2ND COPY IF FILED WITH COUNTY CLERK 51 y ( —z / � ��Trfi�' ) JEP Y B GLUND, PRESIDENT C. W. Kirby, hairman of the oard of County, DENPAS BUILDING PRODUCTS, INC_ Commissioners of the County of Weld Is LL?e:orrsl S.gn amret sr Secured Party Slgnalurelsi No.602.FINANCING STATEMENT(UCC-1) ❑iadt.ad Pubi LLrnr.I 11 w„rc Sr lan.cr.(u>a'u] ow':vy.Slw --7?pi AR220C282 B 1251 REC 02200282 12/14/89 16 : 45 X0.00 1/027 F 0924 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO LOAN AGREEMENT THIS LOAN AGREEMENT ( "Loan Agreement" ) is made as of this 11th day of December , 1989 , by and between Jerry Berglund and Tom Kostelecky, individually, and Denpak Building Products, Inc . , whose address is 6777 Downing Street, Denver, Colorado 80229 (Denpak Building Products and Messrs . Berglund and Kostelecky are hereinafter collectively referred to as "Denpak" ) ; and Weld County, Colorado , by and through the Board of County Commissioners of Weld County ( "Weld County" ) , whose address is 915 Tenth Street, Greeley, Colorado 80631 . WITNESSETH: WHEREAS, in cooperation with Weld County, Denpak has applied for Community Development Block Grant funds through the State of Colorado, Office of Economic Development, and pursuant to the Housing and Community Development Act cf 1974 , Pub. L. No. 93-383 , as amended , and has received approval for a loan in the sum of $200 , 000 . 00 , which is being made available to Denpak , and WHEREAS, Weld County agrees to loan said $200 , 000 . 00 to Denpak , subject to the terms and conditions hereof, and WHEREAS , Denpak, agrees to utilize the proceeds loaned to it hereunder to: A. Finance the relocation of its industrial division, and B. Provide working capital , and create full-time new permanent positions of employment for persons with low to moderate incomes . NOW, THEREFORE, in consideration of the foregoing , and of the mutual representations , covenants , and undertakings contained herein , the receipt and sufficiency of which are hereby acknowledged , Denpak and Weld County agree as follows : 1 . Weld County agrees to loan to Denpak the sum of 00 , 000 . 00 on the terms and conditions hereof , and pursuant to the Promissory Note , Security Agreement and Uniform Commercial Code filing statements , and personal Guarantees , which are . attached hereto and incorporated herein as Exhibits "A - D" respectively . The terms and conditions of said exhibits are incorporated herein by ₹.his reference . 2 . Denpak covenants , agrees, represents , and warrants to Weld County as follows : Page 1 of 9 Pages B 1251 REC 02200282 12/14/89 16 : 45 0 . 00 2/027 F 0925 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO A. USE OF LOAN PROCEEDS : Denpak will use the loan proceeds for the relocation of its industrial division to 6720 Franklin Street, Denver, Colorado, which is located within Adams County, Colorado. Denpak warrants that it currently has an ownership or leasehold interest in the buildings at said locations . Denpak further warrants that it has good and merchantable title to all said equipment and inventory at said location and at its 6777 Downing Street location, and is duly authorized to pledge said equipment and inventory as security for this loan. Denpak will also use the loan proceeds to provide working capital and to create full-time new permanent positions of employment for persons with low to moderate incomes . B. EMPLOYMENT PLAN: Denpak agrees to the following employment plan: 1 . Denpak agrees to confirm, as of the date of the signing of this Agreement, the number of low to moderate income jobs out of the total 55 jobs retained at the Franklin Street operation in Adams County. Denpak further agrees that those positions not held by low to moderate income persons as of the date of the signing of this Loan Agreement will become available to low to moderate income persons within two years from the date CDBG funds are disbursed to Denpak. Denpak commits that retained jobs and new jobs , collectively, will be held by at least fifty one percent (51%) low to moderate income persons from the total retained and new jobs created within two years from CDBG funds disbursement . Qualifications for low to moderate income persons are attached hereto as Exhibit "E. " 2 . Denpak commits to and agrees to provide written evidence that a total of five percent (5%) of retained and new jobs , collectively, are held or shall be held by individuals whose personal residence is within Weld County, while also located outside the city limits of Greeley. Denpak agrees that its employment plan will include information on: a . Number and types of jobs expected to be available and held by low to moderate income persons , b. Description of how the number of low to moderate income persons will be documented, and Page 2 of 9 Pages B 1251 REC 02200282 12/14/89 16 : 45 0 .00 3/027 F 0926 MARY ANN FEUERSTEIN CLERK S RECORDER WELD CO, CO c. A proposed schedule for hiring. C. JOB SERVICE REFERRALS: Denpak agrees to enter into a Memorandum of Agreement with Job Service and Training Agencies that serve the area in which the Franklin and Downing Streets buildings are located in order to provide job referrals and support to Denpak. D. RIGHT OF INSPECTION : Denpak consents to permit Weld County, and the State of Colorado or their employees or agents', until the Note which is attached hereto as Exhibit A has been fully repaid with interest, the right at all reasonable hours to inspect the chattel, personal property, and real estate used to secure the loan contemplated by this Loan Agreement and included in the Security Agreement which is attached hereto as Exhibit C. Denpak further agrees to provide Weld County, the State of Colorado, or their employees and agents, free access to Denpak ' s business premises for the purpose of inspection to determine the condition of the chattel , personal property, and/or real estate. E. DISPOSITION OF COLLATERAL: Denpak agrees that any sale , transfer, assignment or conveyance , relocation or other disposition of any portion of the equipment or other fixed assets used to secure the loans from the Franklin Street site will cause the loan to be due and payable at that time unless the business has received prior written consent from the State of Colorado Office of Economic Development and from Weld County. F. SALE OR TRANSFER OF BUSINESS : Denpak agrees not to sell , transfer , or assign stock in Denpak which at any time results in change in the majority of ownership of the business , without prior written consent of the State of Colorado Office of Economic Development and Weld County . In the event consent is not granted and a majority of ownership changes in Denpak , the loan which is contemplated by this Loan Agreement will become due and payable at the time ownership is transferred. Any approved purchasee, transferee or assignee must expressly assume the obligations of Denpak pursuant to this Loan Agreement and all other documents which are attached hereto. G. CESSATION OF OPERATION: In the event Denpak ceases full operation at its 6720 Franklin Street location within the loan term of the loan contemplated by this Loan Agreement, Denpak agrees to give Weld County and the State of Colorado , Office of Economic Development, written notice by certified mail within five days from Page 3 of 9 Pages B 1251 REC 02200282 12/14/89 16 : 45 X0.00 4/027 F 0927 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO the time Denpak ceases full operation. The term "full operation" as used in the previous sentence shall mean 55 jobs for low to moderate income persons as defined by Exhibit E. The loan as contemplated by this Loan Agreement will then be due and payable upon receipt of the notice without any notice in return from the State of Colorado or Weld County or demand of any kind or any presentation or protest . H. COLLATERAL : Denpak agrees to provide the following collateral to secure the loan as contemplated by this Loan Agreement: 1 . A second lien position as of the date of the signing of this Loan Agreement on Denpak ' s accounts receivable and equipment, both moveable and fixed, now owned or hereinafter acquired by Denpak. Denpak shall aid Weld County in the filing of Uniform Commercial Code Financing Statements as notice of said security interests. 2 . Unconditional personal guarantees from Messrs . Jerry Berglund and Tom Kostelecky of all amounts due or to become due on the loan as contemplated by this Loan Agreement and the performance of all of Denpak' s obligations listed hereunder or in the documents which are attached hereto. I . DISCHARGE OF IMPOSITION, CHARGE, OR LIABILITY : Denpak confirms as of this date that it has duly paid and discharged any imposition charge or liability against the equipment and other collateral listed in paragraph 2 .H. (1) above. J. AUTHORIZATION TO DO ROSINESS : Denpak acknowledges that it has submitted to Weld County a copy of its articles and incorporation and by-laws. Denpak further warrants that it is in good standing and is duly authorized to do business in the State of Colorado and any jurisdiction where the firm is now conducting business . K. LICENSES AND PERMITS : Denpak acknowledges that it has complied with all filing requirements , fictitious name requirements , if any, and any necessary permits or licenses required by federal , state, or local laws for the local operation of business or will obtain all appropriate licenses and permits in any new jurisdiction where it begins conducting business. L. CERTIFICATES : Denpak acknowledges that it has delivered to Weld County a Certificate of Resolutions adopted by Page 4 cf 9 Pages B 1251 REC 02200282 12/14/89 16 :45 p0 .00 5/027 F 0928 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Denpak ' s Board of Directors authorizing the execution and delivery of this Loan Agreement with Weld County, and any other documents required to be executed and delivered by Denpak pursuant to this Loan Agreement, and the borrowing of funds for the purposes herein expressed, certified by the Secretary of Denpak, ' - together with a Certificate of Incumbency of the officers of Denpak and certified by the Secretary of Denpak. M. COMMITMENT LETTER: Denpak acknowledges that it has supplied to Weld County a commitment letter from Universal Lending which states that a minimum principle amount of $1 , 200 , 000 . 00 is available for lease hold improvements and to purchase the property and equipment located at 6720 Franklin Street, Denver, Colorado. N. REPORTING AND INSURANCE REQUIREMENTS : Denpak agrees to provide to Weld County quarterly company financial statements , financial and narrative status reports detailing the Franklin Street project ' s progress and documenting all expenditures of the loan proceeds as contemplated herein within thirty (30) days from the time payments are requested. Denpak agrees to provide Weld County with reports detailing information on all persons who fill jobs created and/or jobs retained by Denpak for a period of two years from the effective date of this Loan Agreement . Denpak agrees that it will at all times maintain the collateral for this loan in such and condition and repair that Weld County' s security will be adequately protected . Denpak also agrees to maintain, during the term of this loan, adequate hazard insurance policies covering fire and extended coverage and such other hazards as may be deemed appropriate by Weld County in amounts and form sufficient to prevent Denpak from becoming a co-insurer and issued by companies satisfactory to the State of Colorado and Weld County, with acceptable loss payee clauses in favor of the State of Colorado and Weld County. Denpak further agrees to maintain adequate liability and workmen' s compensation insurance in amounts and form satisfactory to the State of Colorado and Weld County. 3 . TIME OF PERFORMANCE : The Franklin Street project shall commence upon execution of this Loan Agreement. This Loan Agreement shall expire four years from the date of its signing, except that this Loan Agreement may be extended a maximum of six months subject to the mutual agreement of the State of Colorado and Weld County. A request for extension by Denpak shall be submitted to the State of Colorado and Weld County at least thirty (30) days prior to the expiration of this Loan Agreement, with a Pace 5 of 9 Pages B 1251 REC 02200282 12/14/89 16 : 45 a 0.00 6/027 F 0929 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO' full justification for the extension request. If approved by the State of Colorado and Weld County, written notification will be provided to the offices of the State Comptroller and the State Attorney General . 4 . TERMS OF LOAN: The loan as contemplated herein is for a four year term. The loan shall be in the sum of $200 ,000 . 00 and shall bear interest commencing at a rate of four percent (4%) for the first year, eight percent (8% ) for the second year, and shall remain at twelve percent ( (12%) for years three and four. Payments of principal and interest shall be made to Weld County at the first (1st) of every month according to the schedule which is attached hereto as Exhibit "F. " The monthly payments shall be as follows : year 1 : $4 , 515 . 81 per month; year 2: $4 , 793 . 02 per month; years 3 and 4 : $4 , 988 . 67 per month. The first payment shall be due within thirty (30) days of the signing of this Loan Agreement. Loan proceeds for working capital will be released from Weld County within three days of receipt. Denpak is authorized to prepay the contemplated loan or any part thereof without premium or penalty. 5 . ADMINISTRATIVE COSTS : All costs of making this loan, including, but not limited to title insurance, UCC searches, surveys, state ' s council review fees, recording costs , intangible tax and all incidental costs of financing, but excluding Weld County' s administrative costs , are to be paid by Denpak. 6 . NO PECUNIARY LIABILITY: This loan and interest thereon and any penalty or premium due hereunder are payable solely from the revenues and proceeds derived from the loan as contemplated by this Loan Agreement, and all exhibits as attached hereto, and shall never constitute the debt or indebtedness of Weld County within the meaning of any provision or limitation of the State Constitution or Statutes or the Home Rule Charter of Weld County, Colorado, and shall not constitute nor give rise to a pecuniary liability of Weld County or a charge against its general credit or taxing powers . 7 . ADVERSE CHANGE: As of the date of signing of this Agreement, neither the State of Colorado nor Weld County shall be under any obligation to fund the loan as contemplated herein should there be any adverse, material change in Denpak ' s financial position which effects its ability to repay the project loan or makes unreasonable or unreliable any of the financing assumptions upon which such repayment is predicated, or any other aspect of financing of which Denpak ' s project loan is a part. 8 . INDEMNIFICATION: Denpak hereby agrees to indemnify and save the State of Colorado and Weld County, or their assigns , harmless against any and all liability with respect to, or Page 6 of 9 Pages B 1251 REC 02200282 12/14/89 16 :45 ,0 . 00 7/027 F 0930 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO resulting from, any delay in discharging any obligation of its business. 9 . EXERCISE OF RIGHTS; MODIFICATION; NOTICE: No failure or delay on the part of the State of Colorado or Weld County is exercising any right, power, or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of such right, power, or remedy preclude any other further exercise thereof or the exercise of any other right, power, or remedy hereunder. No modification cr waiver of any provision of this Loan Agreement or any of the exhibits attached hereto, nor any consent to any departure by Denpak shall in any event be effective unless the same shall be in writing. Such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given. No notice to or demand on Denpak in any case shall entitle Denpak to any ether or further notice or demand in similar or other circumstances . 10 . ASSIGNMENT AND TRANSFER; BENEFITS : This Loan Agreement shall be binding upon Denpak , its successors or assigns, and Denpak may assign or transfer its right by operation of law, or otherwise, only with prior written consent of the State of Colorado and Weld County. This Loan Agreement shall enure to the benefit of the State of Colorado, its successors and assigns, and except as otherwise expressly provided in particular provisions hereof, all subsequent holders of the Note which is attached hereto as Exhibit A. 11 . AMENDMENT: Denpak and Weld County or their respective assigns hereby expressly reserve all rights to amend any provisions of this Loan Agreement, the Note which is attached hereto as Exhibit A or any additional documents regarding this loan, and to release or otherwise deal with any collateral security for payment of the Note . However , all such amendments shall be mutually agreed upon in writing and executed by Weld County and Denpak or their assigns , and shall be first approved by the State of Colorado Office of Economic Development. 12 . APPLICABLE LAW AND VENUE: This Loan Agreement, all exhibits as attached hereto , and all obligations of Denpak as stated hereunder, shall be governed by and enforced in accordance with the law of the State of Colorado. Venue for any legal actions commenced pursuant to this Agreement shall be in Weld County, Colorado. 13 . TIME OF THE ESSENCE: Time is of the essence with respect to all dates , terms , and conditions hereof. 14 . COMPLETE AGREEMENT: This Loan Agreement, as written, with all attachments and references hereto, is intended as the complete integration of all understandings between the parties at Page 7 of 9 Paces B 1251 REC 02200282 12/14/89 16 : 45 0 . 00 8/027 . F 0931 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO this time and no prior or contemporaneous addition, deletion or amendment hereto, shall have any force or affect whatsoever , unless embodied in a written authorization or agreement amendment incorporating such changes , and executed and approved pursuant to applicable law. 15 . SEVERABILITY: Tc the extent that this Loan Agreement may be executed and the performance of the obligations of the parties may be accomplished within the intent of the Loan Agreement, the terms of this Agreement are severable, and should , any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision thereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term or breach thereof. 16 . COMPLIANCE WITH APPLICABLE LAW: Denpak shall comply will all applicable State and Federal laws, rules , regulations, and executive orders of the Governor of the State of Colorado, involving non-discrimination on the basis of race, color, religion, national origin, age , handicap or sex. Denpak hereby agrees to consider minorities or minority businesses as employees, specialists , agents , consultants , or subcontractors. SIGNED this 11th day cf December , 1989 . WELD COUNTY, COLORADO, BY AND �/) 'ft ! THROUGH THE BOARD OF COUNTY ATTEST: 4 �1� 4.v 7� ,.,.ti. 'i,, I COMMISSIONERS OF WELD COUNTY Weld County Clerk and Recorder and Clerk to the Board A By: A;' trYCt % ) C. W. Kirby, "iairman Fin} Yj[�� Il 2 �' )”,_,,,, 4 l l ell; .e_ , ,._ Deputy County Ckerk l WITNESS AND CORPORATE SEAL: DENPAK BUILDING PRODUCTS, INC. y �/ �. -�,�,�� By: `�� t.�7 �. _.i—� ��tz-c-ec<. V }3y•; '/7-7,. , , Tiny : Berglund , President SUBSCRIBED AND SWORN to before me this 4^ day of ,,SUBSCRIBED D.C_ , 1989 . WITNESS my hand and official seal; \-.........4-,CE,/ C-a-6)c Notary Public • (2/5 iCCA.. - My commission expires: (7 -/-9,3 o/Peley, 0t.) , 3/ Page 8 of 9 Pages B 1251 EEC 02200282 12/14/89 16 : 45 0 .00 9/027 F 0932 MARY ANN FEUERSTEIN CLERK & RECORDER 'WELD CO, CO erry 0 Berglund/,- individually C'UBSCRIBED AND SWORN to before me this Cain day of 61nd-it/at r , 1989 . WITNESS my hand and official seal Li_iL!� CIL. Lii Motary Public �. Cjh-7_15 f - t4y`��r�nission expires : �o�/ �3 2�� oley� - et ��3/ { 4 Tom Kostelecky, individually S 'BSCRIBED AND SWORN to before me this ` l t _ day of t C nit be'r , 1989 . WITNESS my hand and official seal. Llie /f (_,LiC41r7C-i NoVar y Public 7 OS /Cll �/ My commission expires : 9 -/-‘2,3 6/PaC,l, Cd ,p/n3/ Page 9 of 9 Pages B 1251 REC 02200282 12/14/89 16 :45 t'0 . 00 12/027 F 0935 MARY N FEUERSTEIN CLERK & RECC -'_:R WELD CO, CO STATE OF COLORADO UNIFORM COMMERCIAL CODE—SECURITY AGREEMENT Debtor: Denpak Building Products , Inc . add,ss - p�.�J, stmt CO saw 6777 Downing Street, Denver, Colorado 80229 Boone.: stmt CO N°. Stow Secured Party: Name. Board of County Commissioners of the County of Weld 915 Tenth Street Greeley, Colorado 80631 ,WJma: Stmt Cp Salt b. Debtor, for consideration, hereby grants to Secured Part' a securiry interest in the following property and any and all additions, accessions and substitutions thereto or therefor thereinafter called the"COLLATERAL•'). See Exhibit " 1" which is attached hereto and is hereby incorporated herein . To secure payment of the indebtedness evidenced by a certain pnnnt»on'note _of e'en date herewith.payable to the Secured Part L or order..IS 0tu,is's: $200 , 000 . 00 Loan; 4% interest in year 1 , 8% interest in year 2 , and 12% interest in years 3 and 4 . • DEBTOR ESI'RESSIx \\ARR.\NTS AND COVENANTS: I. That except Ibr the secunty interest granted hereby Debtor is. or to the extent that this agreement states that the Collateral is to he-acquired alter the date hereof: "dl he.the(miter of the Collateral free from any adverse lien.seeunn.interest or encumbrances:and that Debtor%%ill defend the Collateral against all claims and demand'of all persons at anytime claiming the same or any interest therein. 2. flu Collateral is used or bought pmnank for ❑ Personal. famiic or household purposes: ❑ Use in Gaming operations: • Use in business. 3 That Debtor's msldence is as stated above. and the ado Collateral ill be 80229ept at 6777 Downing Street, Denver , 6720 Franklin Street, Denver , Colorado 80229 4. If any of the Collateral is crops.oil. gas.or minerals to be extrbc:ed or timber to be cut.or gtrxis syhich art or are to become li\tures. said Collateral concerns the GJlos't ng described real estate situate in the County „t and State of Colorado. to It: N/A Exhibit "B" No. l•CC 1205. stfl RIT5 U:RTI.'ItaT 14aJLnJ 11N..hm,.'C.N ton ae .Ldr....J.IU a):ts— ton"tw4'o B 1251 REC 02200282 12/14/89 16 :45 X0 . 00 10/027 F 0933 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO PROMISSORY NOTE U.S . $200, 000 . 00 December 6, 1989 Denver, Colorado FOR VALUE RECEIVED, the undersigned ( "Borrower") promises to pay ("Bearer") , the County of Weld, by and through the Board of County Commissioners of the County of Weld , or order the sum of $200 , 000 .00 , with interest at the following rates per annum: first year: four percent (43) ; second year: eight percent (8%) ; third and fourth years : twelve percent (12%) . Principal and interest shall be payable to the County of Weld, c/o Director of Finance and Administration, 915 Tenth Street, Greeley, Colorado 80631 , or such other place as the Note Holder may designate in consecutive monthly installments as follows: $4 , 515 . 81 on the date of signing of this Promissory Note, and as of the first (1st) day of each month for the first year thereafter; $4 , 793 . 02 on the first (1st) day of each month for the second year thereafter; and $4 , 988 . 67 on the first (1st) day of each month for the third and fourth years thereafter, until the entire indebtedness and all accrued interest evidenced by this Note is fully paid . If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a notice to Borrower, the entire principal amount outstanding and accrued interest thereon shall at once become due and payable at the option of the Note Holder. The date specified shall not be less than thirty (30) days from the date such notice is mailed. The Note Holder may exercise this option to accelerate during any default by Borrower regardless of any prior forbearance whether under this Note of the Loan Agreement herefore . If suit is brought to collect this Note , the Note Holder shall be entitled to collect all reasonable costs and expenses of suit, including, but not limited to , reasonable attorney' s fees . Borrower shall pay to the Note Holder a late charge of five percent (5% ) of any monthly installment not received by the Note Holder within fifteen (15) c'ays after the installment is due. Borrower may prepay the principal amount outstanding in whole or in part at any time without penalty. Presentment , notice of dishonor, notice of protest, are hereby waived by all makers , sureties , grantors, and endorsers hereof. This Note shall be the joint and several obligation of all makers , sureties , grantors , and endorsers , and shall be binding upon them and their successors and assigns. Exhibit "A" Page 1 of 2 Pages B 1251 REC 02200282 12/14/89 16 : 45 0 . 00 11/027 F 0934 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower. Any notice to the Note Holder shall be given by mailing such notice by certified mail, return receipt requested, to the Note Holder at the address stated in the first paragraph of this Note, or at such other addresses that may have been designated by notice to Borrower. The indebtedness evidenced by this Note is secured by a Security Agreement, Uniform Code Filing Statement, and Guarantees of even date herewith, the terms of which are incorporated herein. In addition, the terms and conditions of that certain Loan Agreement executed by and between the parties on &s c. , 1989, are hereby incorporated herein and specifically, without limiting the generality of the foregoing, the right to accelorate the principal amount due is granted to the holder hereof if Borrower unreasonably fails to timely create the permanent jobs set forth therein, or if Borrower relocates its business outside of the boundaries of Adams County, Colorado. This Note bears interest after default for thirty (30) days at the maximum commercial rate allowed by law on date of default. Signed this Lim day of 2fecry1 ?;=,-c , 1989 . BORROWER: ' ' ;'-.WITNESS AND CORPORATE SEAL: DENPAK BUILDING PRODUCTS , INC. • • ��, 4117c.: By: ,. 1.J-«,f,A.i/ terry Berglund , President SUBSCRIBED AND SWORN to before me this b fk day of 7- CClehti- , 1989 . WITNESS my hand and official . LLL, 11-Qb .v $otary Public Q/3 Ain ..J My commission expires: (/_ / .4/23Circe/42u CAL PO[-•73/ • • Page 2 of 2 Pages B 1251 REC ^2200282 12/14/89 16 : 45 0. 00 13/027 F 0936 MAR ANN FEUERSTEIN CLERK & RE ,RDER WELD CO, CO 5. Promptly to notify Secured Pam' of an> change in the location of the Collateral. 6. To paw all taxes and assessments of ewe) nature w high nu> he levied or assessed against the Collateral. 7. Not to permit or allow any adverse lien. secunn interest or encumbrance whatsoever upon the Collateral and not to permit the same to be atu had or replevined. 8. That the Collateral is in good condition. and that he will, at his own expense.keep the same in good condition and from time to time. forthwith.replace and repair all such parts of the Collateral as maw he broken. won out.or damaged without allowing any lien to be created upon the Collateral on account of such replacement or repairs, and that the Secured Party may examine and inspect the Collateral at any time. wherever located. 9. That he will not use the Collateral in violation of any applicable statutes. regulations or ordinances. UNTIL DEFAULT Debtor ma> have possession of the Collateral and use it in any laps MI manner. and upon default Secured Pam shall ham: the immediate right to the possession of the Collateral. DEBTOR SHALL BE IN DEFAULT under this agreement upon the happening of am of the tnllming events or conditions: (al default in the payment or perG,rtance of any obligation,covenant or liabilir contained or referred to herein or in any note evidencing the same: (b) the making or furnishing of any ssarr:nt>, representation or statement to Secured Part> h or on behalf of Debtor which proses to have been lilse in an> material respect when made or furnished: (c) loss,theft,damage,destruction.sale or encumbrance to or of env of the Collateral.or the making of an> levy seizure or attachment thereof or thereon: (dl death,dissolution, termination or existence. insolenes,business I.Idtre.appointment of .1 r'ceiverol an> pact of the property of, assignment for the benefit of creditors by. or the conuneneentent of :tits pnceedmc under an> h.nknlptcy or insolvency lass of. by or against Debtor or any guarantor or surety liar Ikhtor. Ul'ON SUCH DEFAULT and at any tune thereafter. or if it deems itself utsecui:, Secured Party man declare all Obligations secured hereby immediately duo and pawable and shall have the remedies of a secured parry under Article') of the Colorado Lentos Commercial Caxle. Secured Pan> may require Debtor to assemble the Collateral and deliver or make it asailahle to Secured Party at a place to be designated bs Secured Reny which is reasnnabh convenient to both parties. Expenses of retaking, holding. preparing for sale. selling or the like shall include Secured Party's reasonable attorney's lees and legal expenses. No wuiyer by Secured Rany of any default shall operate as a waiver of any other de tuult or of the same default on a future occasion. The taking of this security agreement shall not waive or impair an> other security said Secured Rim may have or hcreaftct acquire for the payment of the above indebtedness, nor shall the taking of any such additional security waive or impair this security agreement: hut said Secured Party ma> resort to any security it maw base in the order it may deem proper, and notwithstanding any collateral security. Secured Pam shall retain its rights of set-off against Debtor. All rights of Secured Party hereunder shall inure to the benefit of its successors and assigns:a nd all promises and duties of Debtor shall bind his heirs.executor-Nor administrators or his or its successors or assigns. If there be more than one Debtor, their liabilities hereunder shall be joint and seseral. Date this 4r f)7 fan of j() C.+�.� =�f't . 19 C- Debtor: )/ Secured Pam-* ''fveZ[/�S� 'Jerry Berglund, President t. W. Kirby, Lh. irman of the board of Denpak Building Products , Inc . County Commissioners of the County of Weld ell n4,unA trot n .ent lima . s..nl vuaJ Nun..as 4,Ow AM1a nW4 v(n B 1251 REC 0 00282 12/14/89 16 : 45 X0 .00 14/027 F 0937 MARY Aiv'N FEUERSTEIN CLERK & RECO1,JER WELD CO, CO • DENPAK BUILDING PRODUCTS . INC . EQUIPMENT PURCHASED TO-DATE ELIGIBLE FOR FBS EQUIPMENT LOAN AS OF OCTOBER 16 , 1989 • ITEM#1 1986 BUICK 4-DOOR 12.625 .00 ITEM#2 ASORTED FURNITURE 642 .60 ITEM#3 GLUE GUN 2.028 . 63 ITEM#4 ROLLER PRESS 5 . 400 .00 ITEM#5 ALARM SYSTEM 1 .675 .00 ITEM#6 COPIER 2. 200 . 46 ITEM#7 COMPUTER TERMINALS. PRINTERS • 673 . 40 ITEM#8 DENVER WOOD AUCTIONED EQUIPMENT . 30 ,397 .00 ITEM#9 PULTE EQUIPMENT ( PAID 172 , 000 ) 133 . 333 .00 ITEM# 10 DENVER WOOD EQUIPMENT PURCHASED 175 . 000 . 00 ITEM# 11 1983 HYSTER HOGE FORKLIFT 10 , 888 . 50 ITEM# 12 1978 CADILLAC 2-DOOR 8 . 838. 60 ITEM#13 MISC FURNITURE-DESK .FILES ,COUCH-ETC . 933. 30 ITEM#14 COMPUTER TERMINALS . PRINTERS AND COVERS 1 . 26 . 55 ITEM# 15 WOOD GRINDING SYSTEM ( HOG ) 34 , 650 . 00 ITEM#16 ( 3 ) CATERPILLAR FORKLIFTS 33 . 200 . 00 ITEM#17 WEYERHAEUSER TRUCK FLEET 72 .025 . 00 ITEM# 18 FREEDOM II SCISSOR LIFT 3 . O01 . 60 GRAND TOTAL 528 , 738 . 64 "EXHIBIT 1 " UCC OCR NSTRUCTIONS ON BACK UNII .M COMMERCIAL CODE-FINANCING -ATEMENT(UCC-1) IST DEBTOR NAME(Personal) Last First i l IST DEBTOR NAME(Business) Denpak Builting Products, Inc. S.S. NO./TAX I.D.• I ADDRESS I 1 841094124 I677 Downing Street STATE ZIP CODE CITY Denver • CO 180229 FOR OFFICE USE ONLY • THIS DOCUMENT MUST BE TYPED I COLORADO UCC-1 • I SECRETARY OF STATE 1560 Broadway•Denver,Colorado 60202 ANY QUESTIONS CALL(303)894-2243 First M.I. ( 2ND DEBTOR NAME(Personal) Last I I I 2ND DEBTOR NAME(Business) IS.S.NO./TAX I.D. I IDDRESS I I CITY STATE I ZIP CODE I . First M.I. 3RD DEBTOR NAME(Personal) Last I I (3RD DEBTOR NAME(Business) .S. N0./TAX I.D. ADDRESS II II CITY I STATE I ZIP CODE 1ST SECURED PARTY NAME ( Board of County Commissioners of the County of Weld ADDRESS • ICITY 915 Tenth Street STATE ZIP CODE I Greeley I CO 1 80611 • 2ND SECURED PARTY NAME _ 'Y It -r 4 - - (ADDRESS STATE ZIP CODE CITY I I ASSIGNED PARTY NAME B 1251 REC 02200282 12/14/89 16 : 45 J0.00 15/027 F 0938 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO (ADDRESS STATE I ZIP CODE I ICITV i CHECK IF APPLICABLE PRODUCTS OF COLLATERAL IS TREAL ESTATE RECORDS ATEMENT IS TO BE FILED FOR RECORD ❑ TRANTHE SM TOR IS A T NG UTILITY MI ARE ALSO COVERED O IN THE THIS STATEMENT IS SIGNED BY THE SECURED PARTY INSTEAD OF THE DEBTOR TO PERFECT A SECURITY INTEREST IN COLLATERAL (Please cnack ❑ already subject to a security interest in another jurisdiction when a was brought into this state,or when the debtor's location was changed to this slate, appropriate box) 0 which is proceeds of the original collateral described below in which a security interest was perfecta ❑ as to which the filing has lapsed:or 0 acquired after a change of name,identity or corporate structure of the debtor. halogen.Umber or mmarais or other suusiancns in bye extracted or COLLATERAL USED I ase additional sheets Brae 11 a more spree is seer s on glut II cdtateral in apps accounts resulting teethe slat: hereof.readmsuued ( enback.)TM Pseuds StaterriMtes,limber 01 minerals or othe,substanceS In tie extracted or COLLATERAL USED accounts resulting irons the salethejeol.reed,nstruct'ofls onback I Th.sf,naflcing S,atea,ecstcovers tine Immure hoes(or sums)ofpruperie (a) All equipment of the Debtor of every description used or useful in the acoconduct equipment now Debtor's business, now or hereafter acquired; all accessories, pa t or-hereafter affixed thereto or used in connection therewith; and all proceeds of the . foregoing. (b) All accounts receivable and contract rights, whether now or hereafter acquired. ORIGINAL SIGNATURES REQUESTED ON 2ND COPY IF FILED WITH COUNTY CLERK 1. i/,4 JE BE'RGLUND, PRESIDE C. W. Kirby. ""airman of the Board of County Commissioners of rha rnunyy of ueira.nVanys,gnnru..(s, De torts)Signatures) No.602.FINANCING STATEMENT(UCC-1) Bradford Publishing.1743 waxee St..Denver.CO 80202-.3031292-2500- EXHIBIT "C" -- 13)SECURED PARTY COPY B 1251 REC 02200282 12/14/89 16 : 45 ,0 . 00 16/027 F 0939 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO GUARANTEE In order to induce the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld (hereinafter called "Lender") , to make a loan or loans , or renewal or extension thereof, to Denpak Building Products, Inc. , (hereinafter called the "Debtor" ) , the Undersigned hereby unconditionally guarantees to Lender, its successors and assigns, the due and punctual payment when due , whether by acceleration or otherwise, in accordance with the terms thereof, of the principal of and interest on and all other sums payable , or stated to be payable, with respect to the Note of the Debtor, made by the Debtor to Lender, dated - w� ! , 1989 , in the principal amount of $200 , 000 . 00 , with interest at the following rates per annum: first year: four percent (4%) ; second year: eight percent (8%) ; and third and fourth years : twelve percent (12%) . Such Note, and the interest thereon and all other sums payable with respect thereto are hereinafter collectively called "liabilities. " The Undersigned shall be provided five (5) working days notice by the Lender of the incurring by the Debtor of any of its liabilities. The Debtor waives any and all presentment, demand, protest or notice of dishonor, payment, or other default with respect to any of the liabilities. Upon default by the Debtor, the Undersigned hereby grants to Lender full power, and its uncontrolled discretion and without notice to the Undersigned , but subject to the provisions of any agreement between the Debtor or any other party and Lender at the time enforced , to deal in any manner with the liabilities , including, but without limiting the generality of the foregoing , the following powers : (a) To modify or otherwise change any terms of all or any part of the liabilities or the rate of interest thereon (but not to increase the principal amount of the Note of the Debtor to Lender or to charge a rate of interest greater than the maximum commercial rate allowed by law) , to grant any extension or renewal thereof and any other indulgence with respect thereto, and to effect any release , compromise, or settlement with respect thereto; (b) To enter into any agreement of forbearance with respect to all or any part of the liabilities , and to change the terms of any such agreement; (c) To call for or to forebear from calling for collateral to secure any of the liabilities; (d) In the event of the non-payment when due, whether by acceleration or otherwise , of any of the liabilities , to realize on collateral taken to secure the liabilities, 1 EXHIBIT "D" B 1251 REC 02200282 12/14/89 16 :45 x0.'00 17/027 F 0940 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO if any, or any party thereof, as a whole or in such parcels or subdivided interests as Lender may elect, at any public or private sale or sales, for cash or on credit or for future delivery, without demand, advertisement or notice of the time or place of sale or any adjournment thereof (the Undersigned hereby waiving any such demand, advertisement and notice to the extent permitted by loss) , or by foreclosure or otherwise, or to forebear from realizing thereon, all as Lender in its uncontrolled discretion may deem proper, and to purchase all or any part of such collateral , if any, for its own account at any such sale or foreclosure, such powers to be exercised only to the extent permitted by law. The obligations of the Undersigned hereunder shall not be released , discharged, or in any way affected, nor shall the Undersigned have any rights or recourse against Lender, by reason of any action Lender may take or omit to take under the foregoing powers. In case the Debtor shall fail to pay all or any part of the liabilities when due, whether by acceleration or otherwise , according to the terms of said Note , the undersigned, immediately upon written demand of the Lender, will pay to Lender the amount due and unpaid by the Debtor as aforesaid, in like manner as if such amount constituted the direct and primary obligation of the Undersigned. Lender shall not be required, prior to any such demand on, or payment by, the Undersigned, to make any demand upon or pursue or exhaust any of its rights or liabilities against the Debtor or others with respect to the payment of any of the liabilities, or to pursue or exhaust any of its rights or remedies with respect to any part of any collateral taken to secure the liabilities. The Undersigned shall have no right of subrogation whatsoever with respect to the liabilities or such collateral unless and until Lender shall have received full payment of all of the liabilities. The obligations of the Undersigned hereunder, and the rights of Lender in any collateral taken to secure the liabilities , shall not be released , discharged , or in any way affected, nor shall the Undersigned have any rights against Lender: by reason of the fact that any such collateral may be in default at the time of acceptance thereof by Lender or later; nor by reason of the fact that a valid lien in any such collateral may not be conveyed to, cr created in favor of, Lender; nor by reason of the fact that any such collateral may be subject to equities or defenses or claims in favor of ethers or may be invalid or defective in any way; nor by reason of the fact that any of the liabilities may be invalid for any reason whatsoever; nor by reason of the fact that the value of any such collateral , or the financial condition of the Debtor or of any obligor under or guarantor of any such B 1251 REC 02200282 12/14/89 16 : 45 a 0. 00 18/027 F 0941 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO • collateral, may not have been correctly estimated or may have changed or may hereafter change; nor by reason of any deterioration, waste, or loss by fire, theft, or otherwise of any such collateral unless such deterioration, waste, or loss because by the willful act or willful failure to act of Lender. The Undersigned hereby agrees to furnish Lender, or the holder of the aforesaid Note of the Debtor, upon demand, but not more often than semiannually, so long as part of the indebtedness under such Note remains unpaid, a financial statement setting forth, in reasonable detail, the assets, liabilities, and net worth of the Undersigned. The term "Undersigned" as used in this Guarantee shall mean the signor or signors of this Guarantee, and such signors , if more than one, shall be jointly and severably liable hereunder. The Undersigned further agrees that all liability hereunder shall continue notwithstanding the incapacity, lack of authority, death, or disability of any one or more of the Undersigned, and that any failure by the Lender or its assigns to enforce a claim against the estate of any of the Undersigned shall not operate to release any other of the Undersigned from liability hereunder. The failure of any other person to sign this Guarantee shall not release or effect the liability of any signer. Tom Kostelecky, individually -SUBSCRIBED AND SWORN to before me this \ ^E/ day of LQeQ /h/72( , 1989 . WITNESS my hand and official seal . n Noty Public Q/0- /ecz My commission expires : 577.5/ 6�� c Oo �(e3/ 3 B 1251 REC 02200282 12/14/89 16 :45 0 . 00 19/027 F '0942 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO GUARANTEE In order to induce the County of Weld, State of Colorado, by and through the Board of County Commissioners of the County of Weld (hereinafter called "Lender") , to make a loan or loans , or renewal or extension thereof, to Denpak Building Products, Inc. , (hereinafter called the "Debtor") , the Undersigned hereby unconditionally guarantees to Lender, its successors and assigns, the due and punctual payment when due , whether by acceleration or • otherwise, in accordance with the terms thereof, of the principal of and interest on and all other sums payable, or stated to be payable, with respect to the Note of the Debtor, made by the Debtor to Lender, dated Tm. L-c— + k , 1989 , in the principal amount of $200 , 000 .00, with interest at the following rates per annum: first year: four percent (4%) ; second year: eight percent (8%) ; and third and fourth years: twelve percent (12%) . Such Note, and the interest thereon and all other sums payable with respect thereto are hereinafter collectively called "liabilities. " The Undersigned shall be provided five (5) working days notice by the Lender of the incurring by the Debtor of any of its liabilities. The Debtor waives any and all presentment , demand, protest or notice of dishonor, payment, or other default with respect to any of the liabilities . Upon default by the Debtor, the Undersigned hereby grants to Lender full power, and its uncontrolled discretion and without notice to the Undersigned , but subject to the provisions of any agreement between the Debtor or any other party and Lender at the time enforced, to deal in any manner with the liabilities , including , but without limiting the generality of the foregoing, the following powers : (a) To modify or otherwise change any terms of all or any part of the liabilities or the rate of interest thereon (but not to increase the principal amount of the Note of the Debtor to Lender or to charge a rate cf interest greater than the maximum commercial rate allowed by law) , to grant any extension or renewal thereof and any other indulgence with respect thereto, and to effect any release, compromise, or settlement with respect thereto; (b) To enter into any agreement of forbearance with respect to all or any part of the liabilities, and to change the terms of any such agreement; (c) To call for or to forebear from calling for collateral to secure any of the liabilities; (d) In the event of the non-payment when due, whether by acceleration or otherwise , of any of the liabilities , to realize on collateral taken to secure the liabilities, 1 EXHIBIT "D" B 1251 REC 02200282 12/14/89 16 : 45 0 . 00 20/027 F 0943 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO if any, or any party thereof, as a whole or in such parcels or subdivided interests as Lender may elect, at any public or private sale or sales, for cash or on credit or for future delivery, without demand, advertisement or notice of the time or place of sale or any adjournment thereof (the Undersigned hereby waiving any such demand, advertisement and notice to the extent permitted by loss) , or by foreclosure or otherwise , or to forebear from realizing thereon, all as Lender in its uncontrolled discretion may deem proper, and to purchase all or any part of such collateral, if any, for its own account at any such sale or foreclosure , such powers to be exercised only to the extent permitted by law. The obligations of the Undersigned hereunder shall not be released, discharged, or in any way affected , nor shall the Undersigned have any rights or recourse against Lender, by reason of any action Lender may take or omit to take under the foregoing powers. In case the Debtor shall fail to pay all or any part of the liabilities when due, whether by acceleration or otherwise, according to the terms of said Note, the undersigned , immediately upon written demand of the Lender, will pay to Lender the amount due and unpaid by the Debtor as aforesaid, in like manner as if such amount constituted the direct and primary obligation of the Undersigned. Lender shall not be required , prior to any such demand on, or payment by, the Undersigned, to make any demand upon or pursue or exhaust any of its rights or liabilities against the Debtor or others with respect to the payment of any of the liabilities , or to pursue or exhaust any of its rights or remedies with respect to any part of any collateral taken to secure the liabilities . The Undersigned shall have no right of subrogation whatsoever with respect to the liabilities or such collateral unless and until Lender shall have received full payment of all of the liabilities . The obligations of the Undersigned hereunder, and the rights of Lender in any collateral taken to secure the liabilities , shall not be released, discharged , or in any way affected , nor shall the Undersigned have any rights against Lender: by reason of the fact that any such collateral may be in default at the time of acceptance thereof by Lender or later; nor by reason of the fact that a valid lien in any such collateral may not be conveyed to, or created in favor of , Lender; nor by reason of the fact that any such collateral may be subject to equities or defenses or claims in favor of others or may be invalid or defective in any way; nor by reason of the fact that any of the liabilities may be invalid for any reason whatsoever; nor by reason of the fact that the value of any such collateral , or the financial condition of the Debtor or of any obligor under or guarantor of any such 2 B 1251 REC 02200282 12/14/89 16 : 45 0. 00 21/027 F 0944 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO collateral, may not have been correctly estimated or may have changed or may hereafter change; nor by reason of any deterioration, waste, or loss by fire , theft, or otherwise of any such collateral unless such deterioration, waste, or loss because by the willful act or willful failure to act of Lender. The Undersigned hereby agrees to furnish Lender, or the holder of the aforesaid Note of the Debtor , upon demand, but not more often than semiannually, so long as part of the indebtedness under such Note remains unpaid, a financial statement setting forth, in reasonable detail, the assets, liabilities , and net worth of the Undersigned. The term "Undersigned" as used in this Guarantee shall mean the signor or signors of this Guarantee, and such signors, if more than one , shall be jointly and severably liable hereunder. The Undersigned further agrees that all liability hereunder shall continue notwithstanding the incapacity, lack of authority, death, or disability of any one or more of the Undersigned, and that any failure by the Lender or its assigns to enforce a claim against the estate of any of the Undersigned shall not operate to release any other of the Undersigned from liability hereunder. The failure of any other person to sign this Guarantee shall not release or effect the liability of any signer. -VC'1�iz ;I derry1 Berglund, individually SUBSCRIBED AND SWORN to before me this day of , 1989 . WITNESS my hand and official seal: Nary ublic My commission expires : _ C�7 o,4iy. 8C / 3 ' - B 1251 REC 02200282 12/ 14/89 16 : 45 X0 . 00 22/027 F 0Q45 MARY ANN FEUERSTEIN CL 'RK & RECORDER WELD CO, CO IEE S S i C . :-0 ` y .. 9H N rig a1 H H fA L$ U P. a; ai a gg CC'5 c ` 1 .. M �a ga sh Rs I! �_g �_ ° u - - G IIM M1- /� M1- M1- M1� H^ M1- z f c ;,9 a - & c:o £o G=cE2 cc ClE -e s� ` Es _ s �a QQs �S �x �s s9� 1s �s $sR .0 E ° c . o` 8 8 K � Elc S e o = 3_ 1 =o U = - i E CJ . C2 . E2 or RR SR go oR RR S9 E? 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C V 2 E -3's e Et-cc-c: iX .':. 5E: c E ° 12 . `-- a o x c Y_ E E E E E `7 " - 2322222 2 - '-• - E LE LE - E - E � E - E - E _ E ii Y E 7 ! 7 ! ° i _ ° 2 'a = ° ° i8 18 = ° : 8 _ F.' iS 7Z 7z 7Z 71 7Z 73 SZ s3 7Z ` Z 7Z 1Z 7z z; ot: E _ IZII ae ' ro r — r r — �Q - t - a 0 o^ c' S U gu�tt N 0 O u ` ^ u Ou S -1 oy Zor B 1251 RE:C 0220028/ 12/ 14/89 18 : 480 . 00 25/0 ;:2 F _0948 MARY ANN FEUE:RSTEIN CLERK & RECORDER WELD CO, CO y2Li s PR PP RR k$ kPP @§ R @$ R : .oa aae3 $ n- E , i1Ot 5� g o ` ze�0 aR A� S2 mg Ag 52 AR AA R A- ,- A2 ^A A_ R 3"&li o d .a r,•5CC ZE _9- 5= "• u gR gg gg gR g gg PE PR PR ER ga �? § xE S oe= ;; ^a -- Za - -A gm A- An As «_ as « =3 e- i Fat o o=!El o ?s ?s ?$ ?R ?8 sE ?s sR ?s Fs PE sE . E 95r21 �_ z« _ . . - 9e UE 'e - ' E O = - - O e Eua ��-E E r8 o _ O e• EEl ≤ oo eo pp oe eo7P nn An oe _c oo ee ee enA PA0 a aAA 8 n 0 [ -- _ — — Ze v ! lien • • 7512 zi ll �` � 1 88 $R 8? 88 8E s? 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E\ ;$3 • . \ /\t\ { ©\ !/ (§ !| ®} ®) ga-2 r 7 - §!}\\ - . , .. c_ [t ; , • , II [&_!% \ \ �\} \ \| [| |§ [2 2§ -_ 2.\ l} !i-ji _ g - 1-- -- N ; {\ ? l- ! \ � ! »= '. \\ -4 (( §§ j| \/ ._ ;_ • § / f \•-1 r. - 0 y - - I-{ N Z rk -n•h a < - 2� ;!!R !7 |/ 7| |) \7 2f /K • . » -• \\ 13-*≥ - - OX ' ! ; ! (! _\H O1 -si ] � _ ft t ®! \K {) 2[ ..! |- ?f \ \ ;2 \\ 1 • - • @§ §lE{� Pt r2; 0c ' Cl 00 !® §5 CO (© )? \° E - Col- - - o. @� c\}§} • • z |}I ! ! s- I \ ) % } . . :_ H . ! v7« ) 8 [ 2 | 2 | 2 � !{) | , ! _ � ' ! ' r : . _ . -.- . e : c e tc ; � | ! | it F— - - k} M- M- \} M- . • \ /U)| ! !ill; - 717i17 & ; ! § Z _ c . ` - ; e�;3= \ / U \ / © ! ;E \ 2 ; \ 5 : •. \} b\@ / \ ( \ r. 7 i } y • B 1251 REC '200282 12/14/89 16 : 45 X0 .00 27/027 F 0950 MARY ANN FEUERSTEIN CLERK & REC .DER WELD CO, CO PRINCIPAL AND INTEREST TABLE DENPAK THIS TABLE REDUCES $200000 AT 4;; first year; 8% second year; 1?'a third & fourth year. NO INTEREST PRINCIPAL BALANCE 1 666. 67 3849. 14 196150. 85 2 653. 84 3861 . 97 192288. 88 3 640. 96 3874. 84 188414. 03 4 628. 05 3887. 76 184526. 27 5 615. 09 3900. 72 180625. 55 6 602. 09 3913. 72 • 176711 . 82 7 589. 04 3926. 77 172785. 05 8 575. 95 3939. 85 168845. 19 9 562. 82 3952. 99 164892. 2 10 549. 64 3966. 16 160926. 03 11 536. 42 3979. 38 156946. 64 ]2__ _ 523. 16 _ , 3992. 65 _152957 9R NO INTEREST PRINCIPAL BALANCE 1 1019. 69 3773. 32 149180. 65 994. 54 3798. 48 145382. 17 3 969. 21 3823. 8 141558. 36 4 943. 72 3849. 29 137709. 06 5 918. 06 3874. 95 133834. 1 6 892. 23 3900. 79 129933. 31 7 866. 22 3926. 79 126006. 51 8 840. 04 3952. 97 122053. 54 ? %.817. 69 3979. 32 118074. 21 10 ' 787. 16 4005. 85 114068. 35 11 760. 46 4032. 56 110035. 78 12 7.3.. 57 4059. 44 105976. 34 NO INTEREST PRINCIPAL BALANCE 1 1059. 76 3928. 9 102047. 43 2 1020. 47 3968. 19 98079. 23 3 980. 79 4007. 87 94071 . 36 4 940. 71 4047. 95 90023. 4 5 900. 23 4088. 43 85934. 96 6 859. 35 4129. 32 81805. 64 7 818. 06 4170. 61 77635. 03 3 776. =5 4212. 31 73422. 71 9 734. 27 4254. 44 69169. 27 10 691 . 68 4296. 98 64871 . 28 11 649. 71 4330. 95 60571 . 32 __ 605. 31 483. 35 56147. 97 1= 561 . 48 4427. 19 51720. 77 14 517. 21 4471 . 46 47249. :31 15 472. 49 4516. 17 4273. 14 16 427. 33 4561 . 33 38171 . 8 17 381 . 72 4606. 95 33564. 85 18 3:5. 65 4653. 02 28911 . 92 19 289. 12 4699. 55 24212. 27 :0 242. 12 4746. 54 19465. 72 Exhibit "F" :1 194. 66 4794. 01 14671 . 71 -- 146. 72 4841 . 95 9829. _ _. 98. 3 4890. _7 4939. =9 UCC OCR 002 INSTRUCTIONS ON BACK dIFORM COMMERCIAL CODE—FINANC .i STATEMENT(UCC-1) 1ST DEBTOR NAME(Personal) Last First M.I. 1ST DEBTOR NAME(Business) Denpak Building Products, inc. ADDRESS S.S. NO./TAX I.D. 6777 Downing Street 84-1094129 CITY STATE ZIP CODE • Denver CO 80229 FOR OFFICE USE ONLY THIS DOCUMENT MUST BE TYPED COLORADO UCC-1 SECRETARY OF STATE 1560 Broadway•Denver,Colorado 80202 ANY QUESTIONS CALL(303)894-2243 2ND DEBTOR NAME(Personal) Last First M.I. 2ND DEBTOR NAME(Business) • ADDRESS S.S. NO./TAX I.D. CITY STATE - ZIP CODE 3RD DEBTOR NAME(Personal) Last First M.I. 3RD DEBTOR NAME(Bus(nes L 4 ADDRESS S.S.NO./TAX I.D. CITY _ STATE ZIP CODE f I _ 1ST SECURED PARTY NAME Board of County Commissioners of the County of Weld ADDRESS 915 Tenth Street CITY STATE ZIP CODE I—Greeley rin 806631 ( 2ND SECURED PARTY NAME • 4 ADDRESS CITY STATE ZIP CODE ASSIGNED PARTY NAME ADDRESS CITY STATE ZIP CODE CHECK IF APPLICABLE PRODUCTS OF COLLATERAL THIS STATEMENT IS TO BE FILED FOR RECORD THE DEBTOR IS A ® ARE ALSO COVERED E IN THE REAL ESTATE RECORDS ❑ TRANSMITTING UTILITY THIS STATEMENT IS SIGNED BY THE SECURED PARTY INSTEAD OF THE DEBTOR TO PERFECT A SECURITY INTEREST IN COLLATERAL (Please check appropriate ❑ already subject to a security interest in another jurisdiction when it was brought into this state,or when the debtor's location was changed to this state; box) ❑ which is proceeds of the original collateral described below in which a security interest was perfected: ❑ as to which the filing has lapsed:or ❑ acquired after a change of name,identity or corporate structure of the debtor. COLLATERAL USED Use additional sheets 8� x 1 Leif more space is needed.(WARNING:If collateral is crops,fixtures,timber or minerals or other substances to be extracted or accounts resulting from the sale thereof,read instructions on back.)This Financing Statement covers the following types(or items)of property: (a) All equipment of the Debtor of every description used or useful in the conduct of the Debtor's bossiness, now or hereafter acquired; all accessories. parts, and equipment now or,hereafter affixed thereto or used in connection therewith; and all proceeds of the foregoing. (b) All accounts receivable and contract rights, whether now or hereafter acquired. • ORIGINAL SIGNATURES REQUESTED ON 2ND COPY IF FILED WITH COUNTY CLERK JERRY BERG1,UND, PPESBDEWF C. W. Kirby, •Chairfman of the Board of County DENPAX BUILDING PRODUCTS, INC. Commissioners of the County of Weld Debtor(s)Signatures) Severed Patty Sigraturelsl No.602,FINANCING STATEMENT(UCC-1) Bradford Publishing.1743 Wane St..Denver,CO 602(12 (3031262-2500-7.89 14)DEBTOR COPY 7c c a. /a .. e f Hello